Drug Charges

Westwood/Dedham, Massachusetts, Drug Charges Attorney

Q: Can multiple people be charged for the same drugs found in a vehicle or apartment?

Yes; Massachusetts allows more than one person to be charged if prosecutors believe each had knowledge of the drugs and the ability to control them. This concept is known as constructive possession and does not require the drugs to be found directly on a person. Courts consider factors such as proximity to the drugs, statements made at the scene, behavior during the encounter, and whether personal belongings were near the substances, and when several people are present the commonwealth must still prove each person’s connection to the drugs, but shared access or shared control can lead to multiple charges.

Q: Can police search my car without my consent during a traffic stop in Massachusetts?

Yes, but only under specific circumstances: officers may search a car if they have probable cause to believe it contains evidence of a crime, when connected to a lawful arrest, or if an item in plain view clearly appears to be contraband. Massachusetts also recognizes limited exceptions for officer safety, such as a protective sweep when there is reasonable belief a weapon may be present; if none of these conditions apply and you did not give permission, the search may be challenged as unlawful.

With our extensive legal experience and a defense success rate of 98%, our Massachusetts drug law firm has earned a reputation for effective representation of clients facing drug and other criminal charges. Defense attorney Arnel at the Law Office of Philip L. Arnel pays meticulous attention to detail and is able to easily recognize flaws in the prosecution’s case. For responsive and experienced representation, and a free initial consultation, contact a Dedham/Westwood drug charge defense lawyer today.

Drug charge defense lawyer Arnel is experienced at handling cases involving an array of chemical-related offenses, such as marijuana, hashish, cocaine, heroin, suboxone, oxycontin, oxycodone, percocet, amphetamines, barbiturates, Ecstasy, date rape drugs and many other illegal substances. We are skilled at defending against a full range of drug allegations, including:

Drug possession
Drug trafficking
Drug manufacture
Drug distribution
Prescription drug abuse
Drug paraphernalia possession
Other drug charges

Contact a Dedham/Westwood lawyer at the Law Office of Philip L. Arnel.

Relentless Perseverance

Our Massachusetts drug law firm is relentless in pursuing defense strategies for individuals facing drug charge allegations. We investigate all aspects of the case ranging from the traffic stop to search and seizure violations and Constitutional rights violations. Our perseverance in motioning to suppress evidence, our thorough preparation and our intensive investigation has proved effective for years. Drug defense attorney Arnel evaluates and challenges many issues, such as:

Was the traffic stop warranted (was there probable cause)?
Was there a valid search warrant?
Was the proper procedure followed to obtain the search warrant?
Was evidence beyond the scope of the search warrant taken?
Did the defendant exercise dominion and control over the drug or drug paraphernalia?
Was there drug profiling involved?
Were Miranda rights violated?
Were other Constitutional rights violated?

FAQs: Drug Possession Defense In Massachusetts

Facing drug possession charges can be a stressful and frightening experience that puts your future at risk. Below, we answer common questions to help you make wise decisions about your defense.

Can multiple people be charged for the same drugs found in a vehicle or apartment?

Yes. Massachusetts allows more than one person to be charged if prosecutors believe each had knowledge of the drugs and the ability to control them. This concept is known as constructive possession, and it does not require the drugs to be found directly on a person.

Courts look at factors such as proximity to the drugs, statements made at the scene, behavior during the encounter and whether personal belongings were near the substances. When several people are present, the commonwealth must still prove each person’s connection to the drugs, but shared access or shared control can lead to multiple charges.

What are the different “classes” of controlled substances in Massachusetts, and why does classification matter?

Massachusetts divides controlled substances into Classes A through E, grouping drugs based on their potential for abuse, accepted medical use and risk of dependency.

Class A includes substances such as heroin and certain opiates. Class B includes drugs like cocaine, methamphetamine and many prescription opioids. Class C covers substances such as certain hallucinogens, while Class D includes marijuana in specific contexts. Class E consists of lower level prescription medications.

Classification is important because it determines the potential penalties such as jail time or fines. It also matters, as classification can determine whether a charge is treated as a misdemeanor or a felony. Higher classes of offenses generally carry more severe consequences.

Can police search my car without my consent during a traffic stop in Massachusetts?

Yes, but only under specific circumstances. They may conduct a search if they have probable cause to believe the car contains evidence of a crime. Searches may also be lawful when connected to a lawful arrest or if an item in plain view clearly appears to be contraband.

Massachusetts also recognizes limited exceptions for officer safety, such as a protective sweep, when there is a reasonable belief that a weapon may be present. If none of these conditions apply and you did not give permission, the search may be challenged as unlawful.

An Aggressive Dedham/Westwood, Massachusetts, Drug Possession Defense Law Firm

Whether you have been charged with possession of marijuana, operating a meth lab or arrested after an alcohol or drug-related motor vehicle incident, Massachusetts drug lawyer Philip L. Arnel will advocate for your rights and freedom. Contact a Dedham/Westwood drug defense attorney for a free initial consultation.