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Not guilty verdict on two charges of possession with intent to distribute heroin and cocaine

Client was charged in Boston municipal court with two counts of possession with intent to distribute heroin and cocaine.

Narcotic detectives testified that after seeing a person come and go from the clients apartment in a short time frame that they then knock on the client’s door to investigate based on a suspicion drug dealing was taking place. The detectives allege client allowed them to search his apartment. Narcotics officers discover crack floating in the toilet, the bathroom window open and a cell phone sitting on the ledge. They then discover a second suspect outside the apartment who was arrested for possession of drugs. In the clients bedroom they allege that they find a scale baggies and a packet of heroin. Client is charged with possession with intent to distribute heroin and cocaine.

Client testifies at trial and states that he never gave permission for the police to search his apartment and that he had no knowledge of any drugs in his apartment.

After the jury deliberates for approximately one hour they return a verdict of not guilty as to both counts.

Frank Fernandez a criminal defense attorney in Boston handles cases related to drug distribution, possession and Trafficking and Drugs. Drug cases are handled throughout all of Massachusetts and range from district state and federal court.
Please call for a free consultation.

The elements which make up Possession with intent to distribute are:

2009 Edition DISTRIBUTION OF A CONTROLLED SUBSTANCE;
POSSESSION WITH INTENT TO DISTRIBUTE A CONTROLLED SUBSTANCE DISTRIBUTION OF A CONTROLLED SUBSTANCE;
POSSESSION WITH INTENT TO DISTRIBUTE A CONTROLLED SUBSTANCE The defendant is charged with having unlawfully (distributed)
(possessed with the intent to distr ibute) a Class ___ controlled substance,
namely ____ .
Section ___ of chapter 94C of our General Laws provides as follows:
“Any person who knowingly or intentionally . . .
(distributes) (possesses with intent to . . . distribute)
a controlled substance
[categorized by the law] in Class ___ . . .
shall be punished . . . .”
In order to prove the defendant guilty of this offense, the Commonwealth must prove three things beyond a reasonable doubt:
First:
That the substance in question is a Class ___ controlled substance, namely _______ ;
Second:
That the defendant (distributed some perceptible amount of that substance to another person or persons) (possessed some perceptible amount of that substance with the intent
to distribute it to another person Instruction 7.800 Page 2 DISTRIBUTION OF A CONTROLLED SUBSTANCE;
2009 Edition POSSESSION WITH INTENT TO DISTRIBUTE A CONTROLLED SUBSTANCE or persons); and Third:
That the defendant did so knowingly or intentionally.