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Application for criminal complaint with incorrect offense code

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j4bs4209333

Junior Member
What is the name of your state (only U.S. law)? Massachusetts
I have a friend that was caught with heroin about 9 months ago. He says it was about 2 grams (not sure if that's a lot). The cops tried to get him to make a buy and get off scott free, but he wouldn't. Yesterday he received a summons, which says application for criminal complaint, which I think is a magistrate hearing to determine if there's sufficient cause to press charges. The paper says violation of 94C, §33 then underneath it says suspected heroin. MGL 94C, §33 is listed as an offense for using a false registration number on a prescription, or uttering a false prescription. I'm guessing they meant to list it as 94C, §34, which would be possession of heroin. If the wrong offense code is listed on the criminal complaint, do they have to start the process all over again? Or can they just fix it once they're in front of the magistrate? He is currently in a treatment program and has not done drugs in about 6 months. Will that bear any weight on their decision to prosecute him or not? This is his first drug offense in MA, but he is currently on a suspended sentence in NH for a drug charge. He is worried that if MA notifies NH he will have to serve time on the suspended sentence.
 


davew128

Senior Member
I can't speak to whether or not the treatment center will have any impact on sentencing, but typically what will happen before the magistrate will be indicative of what the cops want, if not the DA. If he tries to get it kicked there based on the evidence provided, then yes most likely the charge will get amended or MAYBE dropped, it depends on how bad the cops want him.

Another router to go would be not say anything there, at which point an arraignment will be scheduled and then a date will be scheduled for a pre-trial conference with the DA. If you're certain about it and discovery backs you up on it, then the DA might dismiss or Nol Pros the case. I am not certain if they can amend the charge at that point, (I suspect not) and I don't think possession is a lesser included offense to the charge on the summons.

Honestly, a criminal defense attorney who is familiar with that particular district court and drug cases should be hired.
 

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