Massachusetts Possession With Intent to Distribute Defense Lawyer

In Massachusetts, when the police believe someone in possession of drugs intends to sell those drugs, the police will arrest that person for possession with intent to distribute a controlled substance. Most possession with intent to distribute charges are felonies, and are eligible to be indicted and prosecuted in the Superior Courts of Massachusetts.

When police are determining whether or not someone who possesses drugs intends to distribute the drugs, there are several factors the police look at. First is always the amount of drugs the person possesses. When an individual possesses a small amount of a drug it is unlikely the police would charge them with the intent to distribute that drug, although depending on what other factors are present, they may still be charged. Often the police will look at the other items the person who possesses drugs have on them. If a person with marijuana has rolling papers or a pipe on them, it is more likely they intend to use the marijuana rather than distribute it. Likewise if someone in possession of heroin has a needle on them it is much more likely they are a user rather than someone who intends to distribute the drug.

While those items make it less likely someone will be charged for possession with intent, there are several items which can increase the likelihood. If the drugs are packaged in individual bags, this can be a sign to law enforcement that the person possessing the drugs intends to distribute them. Also, the presence of a scale, or an excessive amount of empty plastic baggies, can increase the chances that someone who possesses drugs will face an intent to distribute charge.

In addition to those items, many times the police will attempt to use innocent everyday items to try to paint someone as a drug dealer rather than a mere drug user. Often, in police reports, law enforcement officials site the presence of a cell phone or cash on someone's person as evidence that they are involved in the drug trade. Although in many cases these assertions by police are inherently ridiculous, often it will be enough to make the arrest and start the court process for an intent to distribute charge.

If you have been accused of possession with intent to distribute any drug you should contact a possession with intent to distribute lawyer immediately. As a former prosecutor, Attorney Daniel Cappetta worked with law enforcement and learned the details of how they build possession with intent to distribute cases against defendants. Now, as a criminal defense lawyer, Attorney Cappetta uses his knowledge and skill to fight for his clients charged for possession with intent to distribute drugs. If you have been charged for possession with intent to distribute, call Attorney Cappetta for a free consultation at (508) 762-4540, or contact him using the form on this website.