Posted On: March 26, 2009 by Kathleen M. McCarthy

Malden Massachusetts Man Charged With Possession of Controlled Substances

The Malden Observer reported Jon D'Orlando, a Department of Conservation and Recreation Ranger assigned to the Massachusetts State House was arrested and charged with possession of a Class B substance (Cocaine and Suboxone) and conspiracy to violate drug laws. It is alleged that D'Oralndo received the product from Luis Villa-Posada, of Winthrop Massachusetts. Villa-Posada, was also arrested following the alleged drug deal and charged with trafficking in cocaine, conspiracy to violate the drug law, and drug violation near a school or park. Both men were released after posting bail.

According to reports police officers were assembled to execute a search warrant in Malden Massachusetts and saw D’Orlando enter the passenger side of car driven by Villa-Posado. After traveling a short distance the car stopped and D'Orlando left the car and drove away in his own vehicle. When D'Orlando got out of his car the police saw him drop a bag that they believe contained cocaine.

In order for the Commonwealth to prove that a person is in possession of an object, it must demonstrate that the individual had knowledge of the substance and had power, ability and control over it. If an item is found on an individual it is ordinarily easier for the District Attorney to meet its burden. However, if the contraband is found in an apartment, house, car, jacket or other location the government's job is more difficult. In the event that the object is not found actually on the defendant's person the Commonwealth must prove "constructive" as opposed to "actual" possession of it.

If you have been charged with any crime in which the District Attorney must prove the element of possession it is crucial that you have an experienced Massachusetts defense attorney on your side. Whether the drug charge is straight possession, possession with intent to distribute, possession with intent to distribute in a school zone or trafficking illegal drugs the government must prove possession to prevail. Attorney McCarthy routinely appears in courts in Massachusetts to defend these types of cases. Call Attorney McCarthy at 978-975-8060 or contact her online to get to work on your case as soon as possible.