Drug Offense Defense

The search is usually the case

Drug prosecutions almost always begin with a search — of a car, a person, a home, a bag, or a phone. The Fourth Amendment and Article 14 of the Massachusetts Declaration of Rights both govern whether that search was lawful.

If a stop was not supported, if a warrant affidavit was thin or misleading, if consent was not truly voluntary, or if officers exceeded the scope of what they were permitted to do, a motion to suppress can end the case.

Possession, distribution and constructive possession

The line between simple possession and possession with intent to distribute is drawn from circumstantial evidence: quantity, packaging, cash, phones, scales, and an officer's opinion about what those things mean together.

Constructive possession — where the Commonwealth argues you possessed something that was not on your person — requires proof of knowledge and the ability and intent to control it. Presence and proximity are not enough.

Lab analysis and the chain of custody

The Commonwealth has to prove what the substance actually was, through analysis performed by a laboratory. That means analyst qualifications, method validation, instrument maintenance, raw data, and an unbroken chain of custody — all of which are discoverable and all of which are subject to challenge.

Confidential informants

Cases built on a confidential informant raise a distinct set of questions: what the informant was promised, what their record is, whether their information was corroborated, and whether the defense is entitled to learn their identity.

Consequences beyond the sentence

Drug convictions carry consequences that outlast any sentence — immigration consequences that can include removal, licensing and employment barriers, housing disqualifications, and driver's license effects.

If you are not a United States citizen, say so at the first conversation. It changes the analysis of every possible resolution.

Common questions