In drug cases involving possession, such as possession, possession with intent to distribute, and trafficking, the government has to prove that the defendant had knowledge that he possessed drugs and was able or intended to exercise dominion or control over the drugs. Possession can be either actual or constructive, and the government does not have to prove that the defendant possessed the drugs exclusively. Just because one is around drugs and knows about them does not mean that one possessed the drugs, and there must be some indication of control. In cases where the drugs are found on the accused, actual possession cases, the lack of possession theory will be substantially more difficult. Constructive possession cases leave much more room for experienced criminal defense lawyers to raise a defense based on lack of possession.
One example of a common constructive possession situation would be where drugs are found in the defendant's home. A strong defense that the defendant did not possess drugs can be made particularly where other people had access to the home, where the defendant does not own or rent the home, or when the defendant was not in the same room as the drugs.
Another common example of a constructive possession situation would be where drugs are found in a car. In these kinds of cases, a no possession defense can be solid especially where there are other passengers or occupants of the car or if it was not the defendant's car. If the defendant is a passenger who doesn't own the car, then he or she usually can't be held responsible for drugs that are uncovered in the trunk or under the driver's seat. If the defendant is the driver, even if he or she owns the car, an inference that the drugs were under his or her control might not be permitted if the drugs were found closer to another passenger and behind the driver.
An experienced criminal lawyer like Robert J. Wheeler, Jr. will examine the facts of the case and explore all possible defenses, including lack of possession. Attorney Wheeler has more than 30 years of experience in defending persons accused of committing drug crimes, and he is exceptionally good at what he does. Attorney Wheeler has a reputation for success in courts all over Massachusetts and at the federal level. The best defenses are built when an attorney is retained right away, so do not wait to speak with a qualified criminal defense lawyer like Robert Wheeler.Law Office of Robert J. Wheeler, Jr. (617) 973 5858
If you have been accused of a drug crime and would like to speak with one of the best criminal lawyers in Massachusetts, call the Law Office of Robert J. Wheeler, Jr. today. You can reach his office 24 hours a day and 7 days a week by calling (617) 973 5858 or you can send Attorney Wheeler an e-mail. His office, which is located in downtown Boston, is conveniently accessible from cities and towns all over the state.