MASSACHUSETTS SPECIAL DRUG STATUTE

One night in July 2010 RD drove from Vermont to visit a girlfriend in Ipswich; they planned to meet in North Andover. RD arrived first and parked in the parking lot of a convenvient store. The store was closed and it was around one in the morning. The police became suspicious and approached RD to see what his purpose was. One thing lead to another and the police discovered no less than three classes of drugs on RD. He was arrested and charged with Possession of Class A, Class D, and Class E Controlled Substances. RD was arraigned in Lawrence District Court and the case continued. There is a statute in Massachusetts that allows a judge in a drug possession case to “stay” the proceedings; that means the legal prosecution stops. The accused – if he consents- can enter a drug treatment program (which can be out-patient counseling) and, if he successfully completes the counseling, the case can then be dismissed. The Statute is Chapter 111E of the Massachusetts General Laws. In RD’s case Attorney Robert Lewin filed a Motion to Stay the proceedings pursuant to Chapter 111E. After a hearing, the Judge granted the Motion. The criminal proceddings were “stayed” (stopped); RD entered an outpatient drug counseling program and successfully completed the program. Today (October 13, 2010) the Judge in Lawrence District Court, after reviewing the report from the counseling program, ordered the case dismissed. RD is now in a position where he can petition the court to seal his record and that is the next step in getting this case completely removed from RD’s record.