A Massachusetts man that has been in jail since 2010 has finally had his day in court and has been given a three year sentence after reaching a plea arrangement with prosecutors. The drug charges that the man has been sentenced for are based on an arrest for allegedly dealing the ecstasy and marijuana as well as other related charges. The state dropped five of the original charges against the man when he changed his plea in May of this year.
The arrest was actually made in June 2010. The arresting officers allege that the man was in possession of two class D drugs and was also accused of intending to sell the drugs. The police reportedly made the arrest after stopping a car occupied by the accused man and another individual. The man was alleged of selling drugs to college students in a nearby town. The second man was arrested but ultimately was able to avoid indictment.
The sentence of three years was decided upon because the drug for which the man was alleged to have sold is not specifically mentioned in the laws of Massachusetts that outline the length of the sentence that should be imposed. Also, the man did not have a previous arrest record. The maximum sentence for these types of charges is 10 years in a state facility.
This man decided to change his plea from not guilty to guilty in exchange for charges being dropped and most surely a lesser sentence. There are times when a plea agreement may be to an individual's advantage, especially when the evidence appears stacked in favor of a conviction and a harsh sentence. Massachusetts has provisions that allow for anyone who is facing drug charges or other crimes to defend themselves while also exercising all of their considerable legal rights. There are resources available that can assist anyone needing assistance to decide on the best course of action in seeking a favorable result.
Source: Wicked Local Swampscott, "Swampscott's McMahon behind bars for admitted ecstasy distribution," Katrina Powell and Abigail Feldman, June 28, 2013