Criminal Defense Attorney

Possession with Intent to Distribute Class D Substance (Marijuana), School Zone Drug Violation — Malden District Court

Outcome: Plea and Dismissal — no jail time, no conviction

Description: Client, a 19-year-old male college student, was stopped in his car when the police noticed that his license plate light was not illuminated. Client’s window would not roll down, so he opened the door to speak with the police. The officer noticed several plastic bags in the door. When asked, client told the police that he had some weed on him. Client then handed a backpack to the officer. Inside the bag was marijuana, a scale and a ledger. Client’s car passed within 100 feet of a school/park zone. After lengthy negotiations with the prosecutors, it was agreed that the school zone charge would be dismissed. This was particularly favorable to the client as a school zone conviction carries a mandatory 2-year jail sentence. At the plea hearing, the prosecutor, however, requested that the client be found Guilty of the Possession w/ Intent to Distribute charge. Attorney Fasoldt asked for a CWOF. The judge adopted Attorney Fasoldt’s recommendation and Continued the Case Without a Finding (CWOF’d) for 1 year. This was especially helpful for the client, as he avoided a felony conviction.