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Drug Charges Do Not Issue After Clerk Magistrate Hearing
Our client is an airline pilot flying coast to coast several times per week. Several months ago he was stopped for suspicion of having committed a domestic assault and battery. This was a case where the police had bad information. After stopping the car they conducted a search of the car including the trunk. In the trunk officers located a backpack containing drugs, a scale and multiple baggies. The drug was marijuana. A summons for a clerk magistrate hearing was issued charging possession with the intent to distribute a class D drug, marijuana. This is a misdemeanor under G.L. c. 94C section 32C. The clerk magistrate and the police prosecutor recognized the magnitude of the constitutional violations and agreed not to issue the complaint. Had the complaint issued the defendant would have lost his job.
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