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TRANSCRIPT
What happens if you are charged with Possession & Intent to distribute illegal drugs such as cocaine or heroin? My name is Michael DelSignore and I am a Massachusetts Criminal Defense Attorney and today I am going to answer that question for you.
If you are charged with Possession with Intent, that means the Police are alleging that you possess enough drugs whether cocaine, heroin, or prescription drugs, and that there was an inference that it was not for personal use and that you are going to distribute those to someone else.
How do they prove this charge? They do it in few different ways. They do it based on quantity. If it is cocaine, they determine it based on the packaging or paraphernalia that you might have on you.
In many of these cases, they call it a “Controlled Buy”; in other words, the Police will have an “informant” come to your house, purchase drugs and leave.
Generally, you are not going to be arrested or raided right away. They are going to use the “controlled buy” as a basis to get a search warrant for your house.
What will happen is that there will be an execution of that warrant. The police will find whatever drugs are in the house and the charges will be issued.
At court, we will do a motion to suppress on the grounds that there is no probable cause to issue the warrant and we will attack the reliability of the confidential informant in court.
In most cases, the District Attorney is not going to reveal the confidential informant but the warrant sometimes requires us to find out who that person is.
If the judge requires the identity of the informant become known to the court, typically the case will get dismissed. The prosecutor usually does not want to disclose the name and the identity of the informant and would rather the case dismissed than have the informant known.
If you are charged with Possession with Intent to Distribute, you should know that I handle these cases every day in court. Sometimes the district attorney will agree to reduce the charge to simple possession depending on your record.
You will want to have some drug treatment and that is going to help achieve a quicker resolution of the case.
At DelSignore Law we help good people facing criminal charges; feel free to call me today.
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