Possession with Intent
Possession of Illegal Substances with Intent to Distribute and Distribution of a controlled substance is a much more serious crime than possession for personal use. Attorney Kathleen McCarthy is an aggressive attorney who will fight to win your drug case or have charges reduced to a lesser charge. Attorney McCarthy’s experience as a district court and superior court prosecutor prior to specializing in criminal defense allows her to have a unique perspective on how to successfully defend a drug case. Call Kathleen M. McCarthy at 978-975-8060 or e-mail her right now if you need to fight these types of charges. She is a relentless and aggressive Criminal Drug Defense Attorney who has successfully represented clients in Possession with Intent and Distribution cases. Her practice is focused on district courts across Massachusetts, including Concord District Court, Somerville District Court and Ayer District Court. Concord District Court is located right off of route 2 at 305 Walden Street, Concord MA. Somerville District Court can be easily accessed off of route 93 or the Fellsway at 175 Fellsway West, Somerville MA. Ayer District Court is also easy to locate at 25 East Main Street, Ayer MA.
For first offenders, it is particularly important to fight these charges so that you do not have a criminal record for the rest of your life. For second and subsequent offenders, how your case is defended will make the difference between freedom and a long prison sentence.
Your attorney must get started quickly to investigate the arrest before memories fade, witnesses forget and evidence disappears. Was the search and seizure legal? Did the police have probable cause to do a search? Did they have a search warrant? All of these facts must be quickly investigated.
The crimes of possession of a controlled substance with intent to distribute or distribution of a controlled substance are felonies in Massachusetts. Because these crimes are felonies, there is a potential sentence of serving time in state prison if you are convicted. Ordinarily, a first time offender is not sentenced to state prison unless there are extenuating circumstances or he or she has a lengthy record of convictions. The controlled substances that are associated with this possession with intent in Massachusetts include “class A," “class B," “class C," “class D," and “class E" substances. These classes of controlled substances are also associated with distribution in Massachusetts.
If you have been charged with possession with intent, police, federal agents or other law enforcement personnel believe that you were in possession of marijuana, cocaine, heroin, crack or other controlled substance and you were going to sell or distribute the drugs. If you have been charged with distribution, typically, the police are alleging that you sold the substance to someone (often a confidential informant or an undercover police officer). Sometimes, while conducting surveillance, law enforcement alleges that they saw a defendant engage in conduct, which based on their training and experience, is consistent with distribution of a controlled substance. Based on these observations the "consumer" is often stopped by the police, a "substance" is allegedly found on the "consumer" and the defendant (seller) is arrested and charged with distribution of the controlled substance.
A strategy employed to defend this type of activity is that the police were biased and simply not telling the truth, that the confidential informant is unreliable and lying or that the police did not see what they claim to have seen. Attacking the bias and prejudice of the law enforcement witnesses is critical to prevail in this type of case. It is imperative that you have an excellent Massachusetts drug lawyer by your side defending you every step of the way if you have been charged with this type of crime.
Additionally, when a client is charged with possession with intent to distribute the government has often found scales, baggies, cutting agents, books and lists during a search to support this claim. Depending on the facts of the case, an argument may be made that these items do not belong to the defendant or they were there for another legitimate purpose. To ensure that you get the strongest defense based on the facts of your case, contact Attorney McCarthy and she will discuss your case.Defending Distribution of Drugs and Possession With Intent To Distribute Drug Cases
The first area that an experienced Massachusetts drug attorney examines is the facts that led up to a stop, exit order and search of a defendant or a car or house. In Massachusetts, a citizen has the right to be free from unreasonable searches and seizures. Thus, if you were driving a car or were a passenger in a car that was stopped, ordered out of the car or the car was searched that led to the confiscation of contraband and criminal charges against you, it is imperative that you contact an experienced criminal defense drug attorney. In the appropriate situation, a motion to suppress the stop, exit order and seizure of the evidence should be filed.Searches With A Search Warrant
There are two types of searches that are routinely conducted. In Massachusetts, it is preferred for law enforcement to apply for a search warrant before conducting a search. The warrant must provide probable cause to the issuing clerk magistrate for a reasonable person to believe that contraband will be found at a particular location and usually during a specific time period. In the event that a warrant is issued and a search is conducted that results in the retrieval of contraband and criminal charges against you, the application for the search warrant must be examined by an experienced Massachusetts drug lawyer. In the event the legal standard for probable cause was not met, a motion to suppress evidence must be filed. This motion alleges that a defendant’s state and constitutional rights to privacy were violated by the illegal search conducted by the state. The defendant typically files a motion, an affidavit by the attorney and a memorandum in order to proceed in this manner. In this type of situation, the defendant maintains that the affiant failed to establish probable cause with the information provided within the four corners of the affidavit filed in support of the search warrant. In the event this motion is successful, the case is often dismissed against the defendant because the case cannot be proved without the drugs.Warrantless Searches
If you are faced with a situation in which you are charged with possession with intent to distribute drugs or distribution of drugs and you were searched on the street or your home or car was searched without a search warrant, the circumstances surrounding the search must be carefully scrutinized by an experienced criminal lawyer. This type of motion requires an affidavit by the defendant alleging the circumstances surrounding the stop, exit order and search and the filing of a motion. There is no requirement for the defense to file a memorandum with this type of case, because the preferred process of applying for a search warrant was circumvented. Again, if the drug attorney is successful and the drugs are suppressed, the Commonwealth typically dismisses the case.
Attorney McCarthy has enjoyed much success with having motions to suppress drugs and firearms allowed.