Knowingly Present Where Heroin is Kept
Greater Boston Area Drug Charges And Heroin Crimes Defense Attorneys
If you have been accused of or charged with knowing where heroin is kept, you are facing serious charges and serious penalties if convicted. Besides a complete exoneration of the crime, an experienced drug crimes attorney may be able to undermine the prosecution’s case against you enough for the charges and penalties you face to be substantially reduced. Our legal team also will ensure that you do not face inflated charges.
If you or someone you know has been arrested for knowingly being present where heroin is kept then call our attorneys today for a free initial consultation to learn more about your defense options and the charges you are facing. If this is your first offense then we will do whatever we can to get the charges dismissed, but regardless of whether this is your first offense or a repeat offense you need an aggressively criminal defense lawyer and we are here to help.
Penalties For Being Convicted Of Knowingly Present Where Heroin is Kept
Massachusetts General Laws Chapter 94C Section 35 makes it a crime to knowingly being present where heroin is kept. The Massachusetts legislature enacted this law because of the unique dangerous the heroin drug trade imposes. This law is unique to heroine. There aren’t any laws that make it illegal to be present where cocaine or marijuana is being kept.
In order to prove the defendant guilty of this offense the Prosecutor must prove two things beyond a reasonable doubt:
1. The defendant knew he or she was at a place where heroin was being kept or stored;
2. The defendant was in the company a person and knew that that person had heroin in his or her possession.
Anyone who violates this law faces imprisonment, although a first time offender is usually entitled to probation. If after serving probation, the case is dismissed then a first time offender is entitled to have their records sealed.
If a child under age 17 is in violation of this law he or she may be taken into protective custody. Being taken into protective custody isn’t the same thing as being arrested and the child under 17 won’t have a criminal record if they were taken into protective custody instead of being arrested. However, a conviction for this offense could result in imprisonment up to one year or a fine of up to $1,000 or both.
Talk With An Experienced Boston Area Drug Crimes Defense Attorney — Initial Consultations Are Always Free
Our knowledgeable and experienced Massachusetts Drug Offense Lawyers at The Noonan Defense Firm are available to assist clients throughout all of Massachusetts, including but not limited to Plymouth County including Brockton, Plymouth, Bridgewater, Hingham, Wareham, Middleboro; Norfolk County including Quincy, Stoughton, Dedham, Weymouth, Braintree, Randolph, Canton, Sharon, Brookline, Franklin; Bristol County including New Bedford, Fall River, Taunton, Wrentham, Attleboro, Mansfield, Easton, Raynham; and Middlesex County including Cambridge, Lowell, Somerville, Newton, Woburn, Framingham, Malden, Chelsea, Everett, Arlington, Medford and Waltham; Cape Cod, Barnstable, Falmouth and Worcester; Essex County including Lynn, Lawrence and Salem; and the Greater Boston area including South Boston, Revere, Dorchester and Roxbury.
No matter where you are located, we are just a phone call away. Call us to schedule a free no-obligation case review and consultation at (508) 584-6955 and you will have taken your first step to find out how best to confront this important matter. You can also click here to use our Free Case Evaluation Form.