Legal Question in Criminal Law in Massachusetts

There were class b drugs on the floor of the passenger seat that I was in, not my car, can I be charged legally with possesion of a class b? Shouldn't the owner be charged


Asked on 6/02/13, 8:44 am

2 Answers from Attorneys

Dan Hynes N.H. DWI GUY

They can charge whoever has possession or constructive possession. A charge is not a conviction, they have to prove their case beyond a reasonable doubt. I suggest finding a lawyer to make the defense you did not possess.

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Answered on 6/02/13, 8:46 am
ERNEST BIANDO LAW OFFICE OF ERNEST T. BIANDO, LLC

Constructive possession means that the ADA would have to prove that you knew or should have known about the drugs in the car. It can be a tough case for the state. Contact the office to discuss more.

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Answered on 6/03/13, 11:58 am


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