Boston Drug Possession Charge Lawyer

Massachusetts Drug Arrest Defense Attorney

Straight possession of a small amount of a controlled substance can oftentimes be resolved without a trial or a conviction in Massachusetts. However, possession of larger amounts of heroin, cocaine, methamphetamines, and the perpetration of prescription drug fraud are prosecuted more aggressively and can result in prison time, a court record, and the loss of your driver's license.

Boston drug possession defense lawyer David Yannetti has more than twenty years' criminal law experience in Massachusetts. He is a renowned criminal defense attorney with an AV Rating* who has successfully defended against narcotics charges at every possible stage of a case. If you have been charged with drug possession, immediate help from an experienced criminal defense attorney can help you minimize negative consequences. Contact Boston attorney David Yannetti for a free phone consultation to discuss your circumstances and your legal options.

Decriminalization of Marijuana Possession in Massachusetts

Massachusetts has decriminalized the possession of less than one ounce of marijuana. It no longer a misdemeanor drug possession charge. Instead, it is a civil infraction carrying a $100 fine. This change in the law does not mean, however, that marijuana possession has become harmless in the eyes of the law.

If the police find you in possession of marijuana, it gives them the right to conduct a more thorough search of your vehicle, house or person. If they find evidence of other criminal activity, such as drug distribution or possession of greater amounts of marijuana or of other drugs, you may still be prosecuted for those crimes.

Possible Consequences in Drug Possession Cases

In drug possession defense cases, Attorney Yannetti works to prevent the case being charged as drug distribution, which carries much more serious penalties. He will conduct a thorough investigation into police procedures, seeking evidence of constitutional misconduct that will allow him to file motions to dismiss certain evidence. He will also present all useful background information about his client to the court, in order to persuade the court that the client is not a distributor. If dismissal of the charges is not possible, Attorney Yannetti will argue for alternative sentencing options, such as placement into a drug treatment program and/or community service.

Free Phone Consultation: Contact Boston drug possession defense lawyer David Yannetti.

Sample Drug Possession Cases:

December 13, 2011
Woburn District Court
Docket No. 1053-CR-1000
Client, a 23 year-old laborer, was charged with Cultivation of Marijuana, Possession of Marijuana with Intent to Distribute, Possession of a Class B Controlled Substance (Suboxone), Possession with Intent to Distribute within a School Zone, Conspiracy to Violate the Controlled Substance Act and two counts of Improper Storage of a Firearm.  After obtaining a search warrant for Client's home, the police allegedly found several marijuana plants, a marijuana grow tank, over 170 grams of marjuana, a digital scale, crib sheets and semi-automatic rifles which were not properly locked away.  If convicted on the School Zone charge alone, Client faced a minimum mandatory sentence of two years in the house of correction.  Client hired Attorney Yannetti to investigate the case and to represent him.  Over the course of a year and a half, Attorney Yannetti first persuaded the prosecutor to dismiss the school-zone and conspiracy charges -- greatly reducing the stakes for Client.  Attorney Yannetti then scheduled the remaining charges for trial.  Today, on the trial date, Attorney Yannetti persuades the judge and the prosecutor to dismiss the Cultivation of Marijuana charge -- the most serious charge remaining -- and also the Possession of a Class B drug charge.  Client admits to only three charges before the court and receives a total of one year of probation.  Result: School Zone, Conspiracy, Cultivation of Marijuana and Possession of Suboxone Charges All Dismissed, Client Admits to Possession of Marijuana with Intent to Distribute and Two Improper Firearm Storage Charges and Avoids Serving Any Time in Jail or Prison.

July 28, 2011
Edgartown District Court
Docket No. 1035-CR-0345
Client, a 57 year-old doctor, was charged with OUI-drugs (second offense), Operating to Endanger, three counts of Possession of a Class C Controlled Substance (Ativan, Darvon and Darvocet) and three counts of Possession of a Class E Controlled Substance (Tramadol, Trazadone and Lorazepam).  A motorist had reported to the police that Client was driving "all over the road."  When the police arrived to investigate, they allegedly witnessed Client swerving and driving in the wrong lane of travel.  Client allegedly failed several field-sobriety tests and admitted that she knew she shouldn't have been driving.  Client hired Attorney Yannetti to defend her.  After several months of investigation and discovery, Attorney Yannetti files a motion to suppress the narcotics that were seized from Client's house and car, and another motion to suppress the statements she allegedly made to the police.  Today, on the hearing date for those motions, the prosecutor agrees to dismiss all charges except for the OUI-drugs.  The prosecutor also agrees to amend the OUI-drugs charge down to OUI-drugs (first offense).  Client then receives a continued-without-a-finding disposition with the minimum 45 license loss.  Result: Six Narcotics Possession Charges Dismissed, Operating-to-Endanger Charge Dismissed and Client Avoids a Conviction for OUI-Drugs.

July 26, 2011
Boston Municipal Court
West Roxbury Division
Clerk's Hearing
Client, a 23 year-old college graduate, faced a potential criminal complaint for Possession of a Class A Controlled Substance (oxycontin).  The police alleged that Client had entered and quickly departed a known "drug house," leading to the police seizing pills from him while he stood outside the drug house.  If the complaint issued against him, Client would lose a promising engineering position for which he was undergoing a thorough background check.  Client hired the Yannetti Criminal Defense Law Firm to represent him.  Today, at the clerk magistrate's hearing, Attorney Greg L. Johnson convinced the assistant clerk magistrate to deny the police application for a criminal complaint.  Client never appears before a judge and maintains a clean CORI.  Result: Application for Complaint Dismissed.

Boston Municipal Court
Roxbury Division
Docket No. 1002-CR-0255 through 1002-CR-0260
Client, a 21 year-old university senior, was arrested for multiple counts of Breaking and Entering at Nighttime with Intent to Commit a Felony, Larceny over $250.00, Larceny in a Building and Illegal Possession of a Class B, C and E Controlled Substances.  The police alleged that Client had: (1) broken into the university mailroom and stolen laptops and other items; and (2) broken into fellow students' dorm rooms and stolen an iPod, jewelry and other items.  When the police searched his dorm room, Client allegedly had marijuana grinders, a scale, 14 grams of mesembryanthemacaea, glassine bags and other narcotics paraphernelia.  When confronted by the police, Client allegedly gave a full confession to all charges.  In the aftermath of his arrest, Client's parents hired Attorney Yannetti to represent him.  Over the course of several months, Attorney Yannetti investigated this case and advised Client to get treatment for mental health-related issues.  Attorney Yannetti then negotiated with the prosecutor in an attempt to prevent any convictions for these serious felonies.  Today, Attorney Yannetti persuades the prosecutor to recommend pre-trial probation on all charges.  The judge agrees to impose pre-trial probation.  As a result, Client is not forced to admit to sufficient facts, still retains the presumption of innocence and will have his case dismissed in one year.  Result: Case Dismissed.

February 10, 2011
Salem District Court
Docket No. 1036-CR-1868
Client, a 29 year-old project manager for a nursing home, was allegedly caught filling multiple photocopied prescriptions for narcotics at CVS Pharmacies.  As a result, he faced two counts of Uttering a False Prescription and two counts of Forgery.  Client hired Attorney Yannetti with the goal of avoiding any felony convictions.  Over the course of seven months, Attorney Yannetti investigates and prepares this case for disposition.  Within days of the hearing date for a motion to suppress, Attorney Greg L. Johnson -- a Yannetti associate -- persuades the prosecutor to recommend pre-trial probation.  As a result, Client is not forced to admit to sufficient facts and instead retains the presumption of innocence.  Today, the judge agrees to impose pre-trial probation for one year, with the stipulation that Client remain drug and alcohol-free and continue with his treatment.  Result: Case Dismissed.

Framingham District Court
Docket No. 10496-CR-0418
Client, a 30 year-old educated and employed woman, became addicted to Ambien, a prescription sleep medication.  In the midst of her addiction, she went to several different doctors and obtained multiple prescriptions in different states -- without informing any doctor of the other prescriptions.  When the state police investigated, Client hired Attorney Yannetti.  Attorney Yannetti negotiated the terms of Client's surrender before the court, so that Client was not arrested.  She was, however, charged with three counts of Obtaining Drugs by Fraud.  Over the course ten months, Attorney Yannetti investigated this case and finally prepared a persuasive argument for leniency.  Today, Attorney Yannetti convinced the district attorney's office to agree to a recommendation of pre-trial probation.  The judge also agrees with the recommendation, with the stipulation that Client must continue with her treatment and refrain from using any drugs.  This case will therefore be dismissed with no repercussions for Client's record, as long Client stays out of trouble.  Result: Case Dismissed.

October 15, 2010
Newburyport District Court
Docket No. 1022-CR-0110
Client, a 31 year-old theatrical lighting specialist, was charged with Possession of a Class B controlled substance.  The police pulled Client over when he was driving with a cracked windshield and an expired inspection sticker.  During an inventory search conducted as a result of the motor vehicle being towed, the police allegedly found a container with a white powdery substance believed to be cocaine.  Client hired Attorney Yannetti to represent him.  Today, after seven months of investigation and negotiation, Attorney Yannetti persuades the prosecutor and the judge to dismiss the case.  Client only has to pay a $50 fine for having an expired inspection, which is a civil motor vehicle infraction.  Result: Case Dismissed.

February 11, 2010
Boston Municipal Court
West Roxbury Division
Docket No. 0806-CR-3806
Client, a 21 year-old man, was on probation for illegal possession of a class D controlled substance and was ordered to attend and complete the "Level III Community Correction Program."  He was also required to be regularly tested for all illegal narcotics while on probation.  Client allegedly failed several drug tests, failed to show for others, and was subsequently arrested for a similar offense in Quincy -- all while still on probation.  Client hired Attorney Yannetti to handle all matters.  Attorney Yannetti successfully resolved his new case in Quincy District Court (on December 8, 2010, as detailed below).  Then, after several weeks of negotiation and a probation surrender hearing, Attorney Yannetti today persuades both the probation officer and the judge to terminate Client's probation, with no further penalties.  Result: Probation Terminated.

Boston Municipal Court
Brighton Division
Docket No. 0808-CR-0872
Client, a 57 year-old attorney, was charged with Unlawful Possession of Ammunition and Unlawful Possession of a Class D Controlled Substance as a result of a search warrant that had been conducted at his apartment.  When Client had moved here from California, he stored his firearm in an appropriate facility but failed to properly store his ammunition.  He also allegedly possessed marijuana in his bedroom.  Client initially hired another lawyer, who failed to persuade the district attorney's office not to go forward with the charges.  Client then hired Attorney Yannetti.  Today, after several months of negotiation -- including appeals to highest-level decision-makers in the D.A.'s Office -- Attorney Yannetti persuades the prosecutor to dismiss the marijuana charge and recommend pre-trial probation on the ammunition charge.  Client therefore admits to no wrongdoing and -- as long as he successfully complies with the terms of his pre-trial probation -- the case will be dismissed with no repercussions for Client's record.  Result: Case Dismissed.

December 8, 2009
Quincy District Court
Docket No. 0956-CR-5725
Client, a 21 year-old man, was already on probation for illegal possession of a class D controlled substance when he was arrested again for the same offense. The police therefore charged him with "second offense possession of a class D controlled substance." If convicted on this subsequent offense, Client would face a potential house-of-correction sentence for having violated his probation by committing a new crime. Client hired Attorney Yannetti to help him avoid going to jail. After negotiating with the district attorney's office for six weeks, Attorney Yannetti today persuades the prosecutor to lower the charge to "first offense possession of marijuana," and to dismiss the case upon the payment of $500 in court costs. The judge agrees to accept this disposition of the case. Client therefore admits to nothing, receives no conviction and this case is over today with no ramifications to Client's probation or criminal record. Result: Case Dismissed.

June 26, 2009
Quincy District Court
Docket No. 0856-CR-3492
On May 14, 2009, Attorney Yannetti persuaded the judge to dismiss this case against Client, after having first persuaded the judge to allow his motion to suppress. Thereafter, Client re-hired Attorney Yannetti to file a motion for the return of his property -- specifically, over $3,000 in cash that had been seized from Client. Today, Attorney Yannetti persuaded the judge to return all of Client's cash to him. Result: Motion for Return of Property Allowed.

June 9, 2009
Boston Municipal Court
West Roxbury Division
Docket No. 0806-CR-0847
Back on May 1, 2008, Attorney Yannetti successfully persuaded the prosecutor and the judge to place Client on pre-trial probation for this complaint alleging possession of a Class C controlled substance, underage possession of alcohol, resisting arrest and disorderly person. Client successfully completed pre-trial probation and the case was dismissed on October 1, 2008. Client's parents recently re-hired Attorney Yannetti to petition the court to seal this case. Today, after a hearing in court, Attorney Yannetti persuades the judge to permanently seal all of the records pertaining to these charges. Result: Case Permanently Sealed.

April 2, 2009
Cambridge District Court
Docket No. 0752-CR-3226
Back on August 8, 2008, after convincing a judge to suppress from evidence the cocaine that had allegedly been found on Client's person, Attorney Yannetti persuaded the district attorney's office to dismiss this narcotics case against Client. Client thereafter re-hired Attorney Yannetti to petition the court to seal the case. Today, after a hearing in court, Attorney Yannetti persuades the judge to permanently seal all of the records pertaining to this case. As a result, Client can now truthfully answer on any job or official application that he has never been arrested, charged or convicted of any crime. Result: Case Permanently Sealed.

March 12, 2009
Waltham District Court
Clerk's Hearing
Client, a college student, was stopped in a car with marijuana in her possession -- back in December, before marijuana possession was decriminalized. Client therefore hired Attorney Yannetti, who advises Client to request a clerk's hearing. The clerk magistrate thereafter denies the complaint. Client never appears before a judge and this case will never appear on her criminal record. Result: Application for Complaint Dismissed.

February 12, 2009
Middlesex Superior Court
Docket No. 87-3487
Back in 1989, represented by another attorney, Client was sentenced to 6-8 years in state prison for a distribution of cocaine case. In 1990, after serving part of his state-prison sentence, Client's sentence was revised to a suspended sentence. He successfully completed probation in 1993. By early 2009, Client had grown up, completely turned his life around, and was now a medical doctor. Client contacts Attorney Yannetti to petition the court to seal this old conviction. Today, Attorney Yannetti's petition to seal was successful. As a result, Client can now truthfully answer on any job or official application that he has never been arrested, charged or convicted of any crime. Result: Case Permanently Sealed.

January 29, 2009
Quincy District Court
Docket No. 0756-CR-7625
Client was arrested for possession of a class A substance (heroin) and conspiracy to violate the controlled substances laws. Client hired Attorney Yannetti, who files a motion to suppress the drugs that were seized from Client. Today, when the motion to suppress was scheduled for a hearing, the district attorney's office decides not to go forward with the complaint. Result: Case Dismissed.

January 27, 2009
Worcester District Court
Docket No. 0862-CR-11916
Client, a young professional, was arrested for possession of a class D substance as a result of a motor vehicle stop by the police. Today, on his scheduled arraignment date, Attorney Yannetti convinces the district attorney's office that Client should not be arraigned. Instead, Client is placed in a pre-trial diversion program. As a result, this case will never appear on Client's criminal record. Client only needs to perform community service and this case will be dismissed in three months, without any arraignment. Result: Case Dismissed.

January 21, 2009
Boston Municipal Court
Central Division
Clerk's Hearing
Client, a grave-digger from out-of-state, was in Boston for a bachelor party. While walking on the street with his fellow party-goers, he purchased some cocaine from a street dealer, in front of a police officer. Client hired Attorney Yannetti, who schedules the case for a clerk's hearing. Today, Attorney Yannetti persuades the police prosecutor and assistant clerk magistrate that the application for complaint against him should not issue. Client never appears before a judge, and this case will never appear on his criminal record. Result: Application for Complaint Dismissed.

August 8, 2008
Cambridge District Court
Docket No. 0752-CR-3226
Client, a college student, was charged with possession of narcotics after the police allegedly witnessed him buying cocaine from a drug dealer on a public street. When they stopped Client, the police found the cocaine in his pocket. Client hires Attorney Yannetti to investigate. Attorney Yannetti files a motion to suppress all of the evidence that was seized. On June 2, 2008, Attorney Yannetti cross-examined the arresting police detective during a hearing on that motion to suppress. After considering all of the evidence, the legal arguments presented, and a post-hearing memorandum filed by Attorney Yannetti, the judge thereafter allowed Attorney Yannetti's motion to suppress. Today, the prosecutor announced in open court that he would not appeal the judge's ruling -- so all charges were dismissed. Result: Motion to Suppress Allowed, Case Dismissed.

August 6, 2008
Lawrence District Court
Docket Nos. 0818-CR-0357 and 0818-CR-0359
Client, a gym manager, was charged with unlawful possession of narcotics, receiving stolen property (allegedly having in his possession two social security cards not belonging to him), unlicensed operation of a motor vehicle and attaching a false license plate to his motor vehicle. Client hires Attorney Yannetti, who files a motion to suppress the evidence that was seized. Today, the motion to suppress was scheduled for a hearing and the motion was allowed. Result: Motion to Suppress Allowed, Case Dismissed.

July 22, 2008
Ayer District Court
Docket Nos. 0748-CR-0577 and 0748-CR-0919
Client was on probation (pursuant to a "continued without a finding" disposition) for two separate "possession of marijuana" cases. Given that he also had two previous "possession of marijuana" cases (for a total of four on his criminal record), he was ordered to complete the community corrections program -- which includes drug testing. Client allegedly failed five different drug tests and failed to report for another, so his probation officer issued him a surrender notice. If found in violation of probation, Client faced the prospect of having convictions on his record -- which would have caused him to lose his driver's license for at least one year. Client also faced the prospect of serving time in jail. Client hires Attorney Yannetti. Over the course of three months, Attorney Yannetti counsels Client, works with Client's parents and negotiates with his probation officer. Today, Attorney Yannetti persuades his probation officer and the judge to allow Client to enter a one-month residential treatment program. Result: Client is placed back on probation despite multiple probation violations, maintains a conviction-free record, and retains his driver's license.

May 1, 2008
Boston Municipal Court
West Roxbury Division
Docket No. 0806-CR-0847
Client, an 18 year-old college student, was caught drinking beer at rowdy underage party. Regrettably, he chose to run away when confronted by the police. When the officer finally caught up with him, he found prescription pills in his pocket, for which Client did not have a prescription. Client was therefore charged with possession of a Class C controlled substance, underage possession of alcohol, resisting arrest and disorderly person. Today, Attorney Yannetti convinced both the prosecutor and the judge to place Client on pre-trial probation. This means that Client does not admit to any crime, and instead needs only to complete 28 hours of community service and stay out of further trouble. The case will ultimately be dismissed with no repercussions for Client's record. Result: Case Dismissed.

March 27, 2008
Westborough District Court
Clerk's Hearing
Client, a mutual funds accountant just beginning his career at a bank, was pulled over by the police for allegedly driving with a broken headlight. When the officer smelled marijuana coming from the vehicle, Client voluntarily turned over to him the small bag of marijuana in his possession. Attorney Yannetti scheduled the matter for a clerk's hearing and contacted the police prosecutor to request leniency for Client. If a complaint were to be issued against him, Client could lose his job and have his future prospects for employment damaged. Today, Attorney Yannetti convinces an assistant clerk magistrate that no complaint should be issued against Client. Client therefore maintains a clean criminal record. Result: Application for Complaint Dismissed.

October 19, 2007
Boston Municipal Court
Chelsea Division
Docket No. 0714-CR-1078
Client was charged with possession of narcotics after the police found him sleeping in a running motor vehicle. Client was with a friend, in the parking lot of a restaurant, in the middle of the day. The police alleged that upon approaching Client's motor vehicle, they spotted the drugs in a baggie, in plain view. Client hires Attorney Yannetti, who files a motion to suppress the evidence that was seized. Today, the motion to suppress was scheduled for a hearing. Result: Motion to Suppress Allowed, Case Dismissed.

October 17, 2007
Boston Municipal Court
Central Division
Clerk's Hearing
The Boston Police applied for a complaint against Client because he allegedly purchased marijuana from an undercover officer. Client, an attorney with a prestigious law firm, was embarrassed and petrified that a complaint would issue against him -- and therefore give him an entry on his criminal record. Today, Attorney Yannetti convinced the police officer and the assistant clerk magistrate that no complaint should be issued against Client. Client's record therefore remains clean. Result: Application for Complaint Dismissed.

September 14, 2007
Leominster District Court
Docket No. 0761-CR-0169
Attorney Yannetti represented Client back in May and succeeded in convincing the court to dismiss the charges of operating under the influence of drugs and possession of a class E controlled substance. Client instead received a continuance-without-a-finding on charges of operating a motor vehicle negligently and possession of a class B controlled substance. Client proceeded to successfully complete only two months of probation before failing two random drug tests in July by being caught with cocaine in his system. Client then re-hired Attorney Yannetti, who helped Client into drug treatment and negotiated with his probation officers in two courts over the course of two months. Today, Client's probation officer surrendered him to the court for his probation violations -- but Attorney Yannetti convinced both the probation officer and the judge not to impose a guilty finding on either charge. Instead, his two charges will remain continued without a finding, to the original termination date of May 2008. Client needs only to be evaluated for further drug treatment and remain drug and alcohol-free until then. Result: Client surrendered for his probation violations, but still avoids any criminal conviction, as the continuance without a finding is not revoked.

April 23, 2007
Woburn District Court
Docket No. 0653-CR-2212
Client was charged with illegal possession of narcotics. His case stemmed from an arrest in the early morning hours after the police had received a call that a "suspicious" male was hanging around Starbucks well before it opened for business. When the police arrived, Client was the only one in the area, and he ran from the police. When the police eventually stopped him, they found marijuana and a pipe on his person. In court, Attorney Yannetti filed a motion to suppress all of the seized evidence, alleging that the police had violated Client's constitutional rights. After a hearing, during which Attorney Yannetti cross-examined the arresting police officer, Attorney Yannetti filed a memorandum of law with the court. Today, the judge ruled that Attorney Yannetti's motion to suppress has been allowed. The District Attorney's Office therefore has no evidence with which to prosecute Client. Result: Case Dismissed.

March 13, 2007
Somerville District Court
Docket No. 0610-CR-2903
Client, a high school student on probation for a previous charge of possession of a class D controlled substance (marijuana), was facing multiple counts of malicious destruction of property. Client allegedly vandalized several motor vehicles by removing multiple car emblems in the neighborhood one night. After several court appearances, Attorney Yannetti convinces the prosecutor and judge to dismiss the case today upon reimbursement of the out-of-pocket expenses incurred by the car owners. Result: Case Dismissed.

January 4, 2007
Boston Municipal Court
Central Division
Docket No. 0601-CR-2503
Client, a local union member, was charged with unlawful possession of a class C controlled substance (valium pills). Attorney Yannetti convinces the prosecutor and the judge that client would lose his job if he were forced to admit to the crime. Attorney Yannetti also enlists the help of a police officer who happened to be in court today. This officer was not involved in Client's arrest but could confirm issues surrounding client's union job. Result: Case Dismissed.

* CV, BV, and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories - legal ability and general ethical standards.