Powderly Gets Results
  • Armed Assault to Murder
  • Result: Dismissed
  • Breaking & Entering
  • Result: Not Guilty
  • Unarmed Robbery
  • Result: Dismissed
  • OUI 2nd Offense
  • Result: Not Guilty
Powderly Probes Crime Lab
James Powderly on WPRI Channel 12
James Powderly on Digging Deeper
James Powderly on Channel 12
Home  >  Drug Crimes  >  Possession of Heroin

Cape Cod Possession of Heroin Lawyer

Have you fallen prey to the rising trend in heroin use and been charged with possession of heroin? If so, know that you do not have to face these charges alone—nor does your arrest automatically mean that you’ll be convicted. James Powderly has the experience you need to defend against a heroin possession charge successfully. Because the penalties for heroin possession in Massachusetts are stringent, it pays to have an attorney who knows the law, courts, relevant defenses, and how to handle the offers a prosecutor may throw at you during plea bargains. Call (508) 343-0676 to speak with Cape Cod possession of heroin attorney James Powderly today about your case and what defenses may be available to you.

Penalties for Possession of Heroin

The possession of heroin is a felony in Massachusetts and is illegal under the federal law as well. Under Massachusetts General Law, Chapter 94C, the penalty for possession of heroin for the first-time offender may entail any or all of the following:

  • Up to two years in jail
  • A fine of $2,000

If you have a history of possession of heroin charges (are a repeat offender), the penalty may be any or all of the following:

  • Two-and-a-half to up to five years in prison
  • A fine of $5,000

These charges may be escalated if you were found to be in possession of heroin with an amount weighing more than 14 grams. If you were found with more than 14 grams, the charge would go from mere possession to trafficking, leading to even higher fines and jail time. The severity of these trafficking penalties will depend on how much heroin you have over the 14-gram threshold. Whether you are being charged with possession or trafficking, we are here to help you and develop the best plan of attack against the State in your case.

The ramifications of a conviction for heroin possession can be serious and involve both personal and professional consequences, in addition to the criminal penalties listed above. Trust James Powderly to assist you in your case and prevent these charges from turning into convictions that may ripple out and affect other areas of your life.

Possession of Heroin Defenses

There are many defenses available to you and, with a lawyer’s assistance and careful analysis of your case, you may be successful in either mitigating your punishment or obtaining a not guilty verdict if the case goes to trial.

The defenses for possession of heroin charges are often oriented toward calling out deficiencies in police procedures specifically about the arrest procedure and protocol. For example, there may have been search-and-seizure mistakes.

There are many ways that the search conducted by the police may have been illegal or outside the bounds that the law permits to arrest someone based on the results of said search. Generally speaking, any illicit substances in “plain view” of a police officer can be collected by the police officer and used as evidence in a case against you. However, anything found not in plain view (like the trunk of a car or wheel well of a tire) that required some extra action to obtain may not be used against you unless you authorized such a search.

If you feel your search was unlawful and illegally conducted, call (508) 343-0676 today to speak with an attorney about your case and start developing the best defense strategy for your situation.

Other times, basic logical argumentation and rebuttal can be the most significant weapons for the defense. Requiring the prosecution to submit that they are certain the heroin was yours through various lines of logic and proof is one of the best ways to mitigate your penalties or obtain a not-guilty verdict. Some examples include the following:

  • The heroin was not your property: This is an excellent argument if you have passengers in your car, and it is either their heroin or just is not solely your heroin. If this is the case, it may be argued that the police were too presumptuous in charging you for possession when no other passenger was; mainly if it was actually theirs. The prosecutor is then put into a position to show, beyond a reasonable doubt, that the heroin was yours and only yours. If this cannot be shown, there is reasonable doubt that the heroin belonged to you and, thus, could be possessed by you. This may lead to charges being dropped, a verdict of not guilty, or a mitigated penalty.
  • Police misconduct: This defense is most often used when there is a good reason (e.g., other officer testimony, eyewitness testimony from a non-biased party, video evidence, etc.) to believe the arresting officer or their backup officer(s) planted the heroin to make the arrest. If there is this kind of evidence, then this is the best defense for your case. However, trying to make this case alone can be difficult without a knowledgeable attorney to navigate the complexities of investigating and proving the claim of misconduct. If you have reason to believe that there has been misconduct, contact our office today to discuss your case and begin the journey of protecting your rights.

These are just some of the defenses that a knowledgeable and talented attorney in the criminal defense area can identify for you, help you refine, and present to the court. Contacting James Powderly the moment you are charged with possession of heroin is your first step toward success in protecting your rights, freedom, and interests.

Contact James Powderly Today

Whether you are facing your first heroin possession charge or are a repeat offender, let James Powderly help defend you against the charges you face. We’ve helped countless people in your position defend their freedom, and we’ve successfully helped them avoid serious criminal punishment as a result of our efforts.

Defending against these charges alone can be a difficult, complex, and overwhelming matter, so hiring an experienced drug crimes attorney to represent you and present your defenses is key to getting off the hook or, if a conviction is inevitable, obtaining the best resolution possible in your case. Call James Powderly today at (508) 343-0676 to get started on your defense. Time is not on your side, so don’t hesitate to reach out and get the legal counsel you need.