Boston Criminal Defense Lawyer Blog

According to the Tri-Town Transcript, Blake Smith, of Boxford was arrested and charged with what police allege is marijuana in a school zone. According to the paper, the Topsfield police arrested Smith after a plain clothes officer saw him trying to sell drugs inside the Topsfield Village Shopping Center. Apparently, more than one ounce was found on the suspect and a search of the area netted $800.00 in cash and a scale in side of the suspect's car.

If you have been charged with a drug offense in Massachusetts, it is imperative that you contact an experienced drug defense attorney to get to work on your case. If you, your clothing, car or home was searched it may be appropriate to file a motion to suppress any evidence seized as the result of an illegal search. In Massachusetts, the police must have a reason to conduct a threshold inquiry and probable cause to search an individual. Successful litigation of any drug crime in Massachusetts is often set in motion with the filing of a motion to suppress. In the event that the court allows a motion to suppress, the government is often left without a case.

In order for the government to convict a defendant for possession of marijuana with intent to distribute in a school zone it must prove that the substance was marijuana, that the defendant had the intent to distribute it and that the offense occurred within a school zone. In order to demonstrate that an individual possessed the intent to distribute the prosecutor often points to large amounts of cash that was confiscated, scales and baggies. However, there are often innocent explanations for the presence of these items and presenting this explanation to the jury is critical to a successful defense.