Possession with Intent to Distribute Marijuana: Pretrial Probation.

Police were watching the home of a suspected drug trafficker when a vehicle pulled up to his house.  The car was initially occupied only by its driver.  Soon after its arrival the suspected drug dealer exited his home and entered the vehicle.   While conducting surveillance, police observed the driver exit the vehicle, retrieve a backpack from the trunk, and return with it into the passenger compartment.   Moments later, the vehicle drove off with the two men.   Police followed them and initiated a traffic stop after observing them pass through a posted stop sign without stopping.   They then proceeded to search the occupants, vehicle and its contents, including the backpack.   Inside the backpack police discovered five separate bags of marijuana packaged for distribution.  Based upon this discovery the driver was arrested and charged with Possession with Intent to Distribute Marijuana.   Police took his passenger and suspected drug trafficker into custody and transported him back to his home.  To the man’s surprise, police had a warrant to search the man’s home that day for evidence of suspected marijuana trafficking activity.  Inside, upon execution of the warrant, police discovered pounds of marijuana, digital scales, packaging materials and approximately $13,000.00.   Based on the discovery of these items, the suspected and now confirmed drug dealer was arrested and charged with Possession with Intent to Deliver Marijuana.   Just like the driver, the passenger also retained Massachusetts Criminal Defense Lawyer, John L. Calcagni III, to defend him against this felony charge. Attorney Calcagni drafted and filed a motion to suppress on the man’s behalf challenging the sufficiency of the search warrant.   Attorney Calcagni argued in his motion that the affidavit in support of the warrant lacked a sufficient basis upon which to conclude the existence of probable cause to believe the man’s home contained evidence of a crime.   After the motion was filed, the prosecutor asked for a continuance of this case also to consider Attorney Calcagni’s legal arguments.  After careful consideration of the strong motion and other arguments made on behalf of the defense, this case was ultimately resolved with pretrial probation.   Under Massachusetts law, this disposition is not a criminal conviction and does not involve a guilty plea or admission of responsibility.   Providing the driver is not charged with a new offense during this special pretrial probationary period, his case shall be dismissed and eligible for removal from his criminal record.