If you are charged with possession of drugs in Massachusetts, the government may proceed under an actual or constructive possession theory. For instance, actual possession may include whatever is contained in your pocket, whereas constructive possession could be based on your ownership of an item in front of you. To prove constructive posession, the Commonwealth must show:
- Knowledge of the Item;
- Ability to Control the Item; and
- The Intent to Control.
If you are charged with a drug crime where there is an issue as to possession, contact a drug crime attorney who has handled drug cases on both sides. Contact Shane W. Surrette at (774) 364-4605, or at email@example.com today.