Drug & Narcotic Violations

What We Do for Drug and Narcotics Violations

Attorney Patrick M. Gioia has litigated drug cases in district and superior courts in Massachusetts for several years and has achieved measured and sustained success in the courtroom on such matters. He has successfully argued motions in several counties throughout the Commonwealth and has an in-depth knowledge of the relevant case law and case strategies, including in the areas of: possession, distribution, intent, trafficking, conspiracy, joint venture, scene investigation, witness preparation, and cross examination of police officers. If you are charged with a drug offense and are looking for trusted counsel that you can depend on, call, text or email today.

Drug & Narcotic Violations

To prove possession with intent to distribute, the Commonwealth must show that the substance is an illegal substance as defined under law. This is typically done by introducing expert testimony and a drug certificate. See Commonwealth v. Melendez-Diaz, 460 Mass. 238 (2011). In addition, the Commonwealth must show that the drugs were intended for distribution and not for personal use. Relevant factors include:  (how large a quantity of drugs were possessed) (how pure in quality the drugs were) (what the street value of the drugs was) (what the defendant’s financial resources were) (how the drugs were packaged) (whether other items were found along with the drugs which might suggest drug sales, such as cutting powder or packaging materials, scales, or large amounts of cash) (whether there is any evidence suggesting that a sale was in progress) (whether there is any evidence that these drugs were part of a larger stash of drugs) (whether there is any evidence that the defendant repeatedly traveled at short intervals to known drug centers). See Commonwealth v. Woodon, 13 Mass. App. Ct. 417, 422-424, (1982).

The charge of trafficking is similar to possession with intent to distribute, though with trafficking the amount of drugs seized must be over a certain threshold. Depending on the amount of drugs, trafficking carries certain minimal / mandatory sentences upon conviction. Drug charges, including trafficking, are often challenged at a motion to suppress hearing, before trial. At a motion to suppress hearing the defendant challenges police action, arguing to a judge that it violated the protections of the United States Constitution and the Massachusetts Declaration of Rights. Of paramount importance at a motion to suppress are an attorney’s ability to cross examination witnesses and argue the facts of the case in the context of the law and case precedent.

Attorney Patrick M. Gioia has litigated drug cases in district and superior courts in Massachusetts for several years and has achieved measured and sustained success in the courtroom on such matters. He has successfully argued motions in several different counties throughout the Commonwealth and has an in-depth knowledge of the relevant case law and case strategies, including in the areas of: possession, distribution, intent, trafficking, conspiracy, joint venture, scene investigation, witness preparation, and cross examination of police officers. If you are charged with a drug offense and are looking for trusted counsel that you can depend on, call, text or email today.

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