Case Results » Possession with Intent

  • Client Charged With Possession Of An Illegal Substance With Intent To Distribute Receives Pre-Trial Probation

    Police were called to a multi-unit dwelling because of an alleged physical altercation. It was alleged that on the way to the building they were informed that the location was a “known drug house.” When the officers arrived, they interviewed the defendant, who appeared to be the victim of an assault. The police eventually entered the apartment and saw what they believed was illegal controlled substances and drug paraphernalia. The police sought a warrant and searched the premises. The defendant was eventually charged with possession of controlled substances with intent to distribute and related charges.

    Attorney McCarthy filed a motion to suppress evidence alleging that the entrance into the apartment and the search was illegal. She also filed a motion to dismiss the charges because there was no probable cause to charge the defendant with the criminal offenses. After lengthy discussions the defendant was placed on pre-trial probation. The case will be dismissed provided the client does not get into any more legal trouble/ The client did not have to admit to sufficient facts and was not convicted.

  • Attorney McCarthy Successfully Upholds Superior Court Suppression Of A Firearm In The Massachusetts Appeals Court

    A Detective approached and searched a citizen who was walking with two companions that the Detective believed were “gang” members and had previously been arrested for firearm offenses. The Detective claimed that this information coupled with his belief that the group was in a “high crime” area entitled him to approach and search the defendant. Upon searching the defendant the Detective found a firearm. The defendant was charged with illegal possession of a firearm and faced serving a mandatory minimum sentence of eighteen months in prison without the possibility of parole.

    Attorney McCarthy represented the defendant in the Massachusetts Appeals Court and claimed the holding of the motion judge allowing the motion to suppress evidence must be affirmed. She argued that the Detective violated the defendant's state and federal constitutional rights as he did not have reasonable suspicion that the defendant was committing, was about to commit or did commit a crime or that he was armed and dangerous when he searched him. The Appeals Court agreed and affirmed the motion judge's order allowing the motion to suppress.

  • Judge Allows Motion To Suppress Drugs And Related Evidence Seized Without A Warrant For Client Facing Mandatory Minimum Sentence For A Charge Of Possession With Intent To Distribute A Controlled Substance Within 1000 Feet Of A School Or Park

    The police report alleged that a police officer activated its blue lights and pulled a car over because of a traffic violation. The officer claimed that as he “exited the cruiser he immediately became aware of a pungent odor” of what he believed was marijuana. The defendant produced his license and registration. The officer asked the defendant what was in the car and the defendant produced a pipe and a mason jar with less than ½ ounce of marijuana. Thus, there was no probable cause to believe that there was criminal activity afoot. The officer claimed that he continued to smell a “strong odor” of marijuana and used this odor as justification for a search of the whole car, including the trunk. The illegal search of the car eventually led to the illegal search of the defendant's home. During the search of the car and home the police confiscated numerous mason jars containing marijuana, a glass pipe, a plastic baggy with alleged marijuana, unused baggies, small grinders, a wallet and money.

    Attorney McCarthy filed a motion to suppress the evidence seized as a result of the warrantless search claiming that the exit order and subsequent search of the car and the defendant's home was illegal because the officer did not have probable cause to believe that the defendant was committing, had committed or was about to commit a crime. During the evidentiary hearing, Attorney McCarthy stressed that the purpose of Mason Jars is to keep the product fresh and the smell inside of the jar. Accordingly, the testimony of the police officer that there was a pugent odor of marijuana when he exited his cruiser was incredible based on the fact that the lion's share of the marijuana was inside of the jars. The judge agreed and allowed the defendant's motion to suppress.

  • Client Facing Mandatory Minimum Two Year Sentence On Possession With Intent To Distribute A Class D Substance Walks Out Of Court Without ANY Type Of Conviction Or Admission/Case To Be Dismissed

    A police investigation uncovered a group of individuals that had a well organized scheme to cultivate and distribute marijuana in the backyard of one of the defendant's home. An informant's tip and corroborating observations of tents and hoses used to grow marijuana plants led the police to interview the defendant. The uncounseled defendant made admissions to the police relative to his involvement in the cultivating and distribution of the product. The defendant was charged with possession of marijuana with intent to distribute in a school zone. If convicted the defendant would receive the mandatory sentence of two years in jail.

    The defendant finally retained Attorney McCarthy. Attorney McCarthy conducted independent witness interviews and presented the client's impressive background, including military service, to the District Attorney's office. As a result of McCarthy's persuasive arguments, the District Attorney's Office agreed to reduce the charge to straight possession and have it dismissed in a few months. The client did not have to admit to any facts and the client could continue with his military career without any consequences.

  • Attorney McCarthy Negotiates Withdrawal Of An Application For Complaint Prior To A Clerk's Hearing

    The plaintiff and the defendant were involved in a personal relationship. Following the break up the plaintiff alleged that the defendant committed forgery and larceny. Attorney McCarthy and the plaintiff's attorney were able to settle the dispute without having to appear in front of a Magistrate.

  • Felony Count Of Possession Of A Controlled Substance With Intent To Distribute

    Police officers pulled a car with teenagers in it over thirteen minutes after receiving a call that a resident found some alcohol at the end of their property. The police speculated that the package had been dropped off by some teenagers to be picked up at a later time. After pulling over a car that happened to be driving down the same street, the police had the driver submit to a portable breathalyzer test, which the driver passed. The police eventually ordered the passengers out of the car and ultimately searched the defendant's purse. The police found marijuana and money in the purse. Following the filing of a motion to suppress evidence and a motion to suppress statement, the case was dismissed and the defendant avoided the possibility of being convicted of a felony.

  • Drug Felony Charge Of Possession With Intent To Distribute Heroin Dismissed

    The police maintained that a concerned citizen called claiming to witness what she believed was a drug transaction in front of her house. The police arrived and approached the car that the defendant was in. According to the report, the police officer observed the driver's shoulders and arms moving in a “downward motion” as he was staring at the officer. Eventually, the officer ordered the defendant out of the car. Following a search by the police and a “K-9″dog, seven bags of heroin, a BB gun, cotton balls, a needle and powdery residue was confiscated. The defendant was charged with a felony count of possession of heroin with intent to distribute.

    Attorney McCarthy investigated the circumstance surrounding the stop, exit order and search of the car and the defendant. She filed a motion to suppress evidence and a motion to dismiss so much of the complaint as alleged “intent to distribute.” Following the filing of the motions the Commonwealth dismissed so much of the complaint that alleged “intent to distribute.” The misdemeanor charge of possession of heroin will be dismissed in one year provided the defendant satisfies certain conditions and does not get rearrested.

  • Felony Count Of Possession With Intent To Distribute Controlled Substance Dismissed Against College Student Seeking His Green Card

    The defendant, a college student, had been legally residing in this country with his family for ten years. Approximately one month before the family's Immigration interview he was charged with possession of marijuana with intent to distribute. In short order, Attorney McCarthy filed a motion to dismiss so much of the complaint that charged intent to distribute. Following lengthy negotiations with the District Attorney's Office the judge agreed to reduce the charge to straight possession and placed the defendant on pre–trial probation. This was all accomplished so that the defendant could attend the Immigration interview without being charged with a felony.

    Following the family's interview it was determined that the one count of straight possession of marijuana had to be dismissed and a certified copy of an official document reflecting the amount of substance had to be submitted within forty–two days. Attorney McCarthy filed a motion to expedite the analysis of the substance and a motion to terminate pre–trial probation early. Both motions were allowed and the documentation was available for timely submission to Immigration.