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Massachusetts Drug Distribution Lawyer: proving possession with intent to distribute Marijuana

One common question asked of a Massachusetts Criminal Defense Lawyer is how does the Commonwealth prove a charge of possession with the intent to distribute marijuana. An intent to distribute charge depends on circumstantial evidence. In many of our cases, Attorney DelSignore will attempt to show that the amount found is consistent with person use.

Keep in mind with any drug case: Before the issue of proving intent to distribute is taken to a judge or jury, We will contest the legal basis of how the drugs were found and argue that your rights under the Massachusetts and Untied States Constitution were violated by the way in which the drugs were seized.

One of the key elements of proof is the quantity of marijuana or other narcotics that are found.

Possession with the intent to Distribute is a violation of Chapter 94C Section 32C of Massachusetts General Laws.

How do prosecutors prove an intent to distribute?

It can be inferred from the possession of larger amounts of marijuana that intent is to distribute for profit. Circumstantial evidence is crucial. The facts and circumstances of each case will determine whether the quantity of marijuana is sufficient to convict a person of simple possession or with possession with intent to distribute. Each Massachusetts Drug Distribution charge is different, but in general, here are seven factors that prosecutors often use to establish ‘an intent to distribute’:

  • An observed drug deal. A police officer can testify that in their experience they believed that a quick exchange was a drug transaction. This type of evidence raises Constitutional issues of the legality of the seizure, but also can be used to prove an intent to distribute.
  • Large quantities of drugs. A large quantity of drugs may create the inference that the drugs were not for personal use before for distribution or sale.
  • Drugs packaged for sale. The method in which drugs are packaged can indicate an intent to distribute. At a trial on a charge of possession with intent to distribute, often an officer will testify that in their training and experience the method of packaging was consistent with an intent to distribute.
  • Scales and drug paraphernalia nearby. Digital scales also provide circumstantial evidence of an intent to distribute.
  • Money: cash in large quantities can raise an inference of an intent to distribute.
  • Messages from customers. Voicemails, text messages and customer lists can raise an inference of an intent to distribute.
  • Coming and going from a particular place for short period of time.

The following factors can be used in a Drug offense of possession with the intent to distribute. In most cases, the Commonwealth will not have each evidence suggesting an intent to distribute. These cases are very winnable at trial and can often be difficulty for the Commonwealth to prove; if you can any questions, feel free to call or text Attorney DelSignore at 781-686-5924 to discuss your case and defenses.

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Michael was very professional and explained the process clearly and told us to be patient. After one year the charges got dismissed in the trial. Excellent knowledge of the court systems in the area of Boston. Would highly recommend him Ashwani
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A careless decision on my part left me facing charges which would have severely hampered my ability to stay employed and support myself. But attorney DelSignore's skillful analysis and challenging of the evidence against me resulted in a conviction on a lesser charge. Now I'll be able to go on with my life, having learned a lesson I'll never forget. Thank you, Michael. Scott
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Mike stuck with my case for 3.5 years and always kept me informed regarding the status. Ultimately, because of his due diligence, we ended up with an OUI not guilty verdict. This case could have gone many ways but his thorough review of the case and exceptional preparedness for trial ultimately drove a positive outcome. Thank you Mike! David
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Michael DelSignore did an amazing job with my case! Either him or his partner Julie was always available to answer any questions I had and helped walked me through the entire process. I could not have done it without them! I highly recommend choosing this law firm to deal with your legal needs, you will not be dissatisfied. Ashley
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I cannot express the gratitude towards both Michael and Julie for their amazing work and help. It was a very stressful event and they certainly put me at as much ease as possible. From start to finish it took 14 months and all the way through they were both very engaged with me. Today was worth the wait, Michael was great in court and I was rightfully found not guilty. I would recommend Michael and Julie over and over again. Claire