What Should You Do If You’re Charged with Possession with Intent to Distribute After a Traffic Stop in Massachusetts?

If you were pulled over on I-290, Route 146, or a Worcester city street for a routine traffic violation and now face a felony charge of Possession with Intent to Distribute under M.G.L. c. 94C, the most important thing you can do is stop talking, preserve evidence immediately, and speak with a lawyer before the Commonwealth locks in its version of the stop.

In our experience handling drug cases in Worcester District Court and Worcester Superior Court, traffic-stop drug charges are won or lost in the first 48 hours (long before trial) based on whether the defense preserves video, challenges the exit order, and attacks constructive possession claims.

In this guide, we’ll explain how Massachusetts motor vehicle law and the state’s Drug Control Act (M.G.L. c. 94C) affect one another. We’ll also discuss what you should and should not do in the 48 hours after you’re arrested, how these cases move through Worcester District Court vs. Worcester Superior Court, how defense attorneys challenge the mechanics of the stop (exit orders, inventory searches, and constructive possession), and why Commonwealth v. Gonsalves is often the turning point in traffic-stop drug cases

If you’re worried about a felony drug charge after a traffic stop, contact a Worcester drug crimes lawyer immediately before evidence disappears or bail conditions are imposed.

What Does Possession with Intent to Distribute After a Traffic Stop Actually Mean in Massachusetts?

Possession with Intent to Distribute means the Commonwealth means the drugs found in the vehicle were not for personal use, but intended for sale, even if police never witnessed a hand-to-hand transaction.

In Massachusetts, being stopped for a traffic citation is usually just the pretext. Prosecutors usually rely on where drugs were found in the car, how they were packaged, and what else was seized, rather than any observed distribution.

Under M.G.L. c. 94C, the Commonwealth doesn’t need to prove an actual sale, only that you possessed the drugs and intended to distribute them.

How Is This Different from Simple Possession?

This is different from simple possession because that charge alleges personal use, while intent to distribute is inferred from circumstantial evidence known as “indicia of distribution.”

In Worcester County drug prosecutions, officers and prosecutors focus on several factors to elevate a case:

• Quantity: Amounts allegedly exceeding “immediate personal use”
• Packaging: Prosecutors infer intent from things like corner-cut baggies, multiple wrappers, vacuum-sealed bags, or false containers
• Digital Evidence: Officers seize multiple phones, GPS history, or text messages referencing “drops” or “meetups”
• Constructive Possession: Drugs found in a glove box, trunk, or passenger’s bag, requiring proof that you had knowledge and the ability to control them

Fighting back against a charge of possession of a controlled substance in Massachusetts with intent to distribute usually means that your attorney will argue that this was a personal supply.

How Do Police Turn a Routine Traffic Stop into a Drug Case?

Police convert traffic stops into drug prosecutions through a predictable escalation that has to comply with Massachusetts-specific constitutional limits, not federal ones.

Step 1: The Pretext Stop

An officer stops you for a “civil infraction”. These are things like speeding, weaving outside of marked lanes, or problems with equipment on your car, like a brake light being out.

Step 2: The Escalation

Once you’re stopped, the officer escalates things, usually by claiming something like:

• They smelled the odor of marijuana (now heavily limited under MA law)
• You were making furtive movements
• You showed signs of nervousness

Step 3: The Exit Order (Critical Issue)

Under Commonwealth v. Gonsalves, 429 Mass. 658 (1999), Massachusetts police cannot order you out of the car unless they have reasonable suspicion that officer safety is at risk, a higher standard than federal law. 

Step 4: The Search

Once they’ve gotten you to exit the vehicle, the police expand from a pat frisk to:

• A vehicle search
• Or a so-called inventory search after towing

If the officer issues an exit order and that exit order is illegal, everything found afterward may be suppressed when your defense attorney challenges the justification (Gonsavles motion). If the decision to tow was illegal, the same thing applies.

In our experience in Worcester District Court, suppression motions based on illegal exit orders are one of the strongest defenses available.

What Should You Do Immediately After You Learn You’re Charged with Possession with Intent to Distribute?

You should assume the Commonwealth is already building its case and act accordingly from the moment you see the charge on paperwork or at arraignment.

What Should You Stop Doing Right Away?

You should immediately stop:

• Talking to passengers or codefendants (this destroys constructive possession defenses)
• Posting online about the stop or officer
• Discussing facts on jail phones (all calls are recorded)

Prosecutors routinely use:

• Jail calls to argue consciousness of guilt
• Coordinated stories as evidence of conspiracy

What Should You Do to Protect Yourself Right Away?

After an arrest in Worcester, you should:

• Contact a lawyer immediately to send a preservation letter for dashcam and bodycam footage (these are often deleted within 30 days)
• Gather all paperwork, like the citation, the complaint, and the property inventory
• Save GPS data to document legitimate travel

Should You Talk to Police or Investigators After You’re Charged?

No, you should not talk to police or investigators after you’re charged. Do not answer questions about:

• Who owns the car
• Who owns the bag
• Who the cash belongs to

Do not attempt to “claim” seized cash without counsel, either. This can be used as an admission of proceeds. Know your rights after an arrest in Massachusetts. The only appropriate response is:

“I am exercising my right to remain silent. I want to speak with my attorney.”

How Do Prosecutors in Massachusetts Try to Prove Intent to Distribute from a Traffic Stop?

Prosecutors in Massachusetts try to prove intent when no sale is observed by building a circumstantial case using evidence from the car and your person.

What Evidence from the Car and Your Person Do They Focus On?

Prosecutors look for:

• A lack of a “kit” (the absence of tools for drug users, like needles or pipes)
• Dealer tools (scales, bands)
• Hidden compartments
• Cash, especially small denominations

Defense attorneys counter with addiction context and bulk-purchase explanations.

How Do Statements, Texts, and Location History Hurt or Help?

Statements, texts, and location history can be manipulated so that they look like transactions or evidence of distribution.

• Texts like “I need 2” are framed as sales.
• GPS patterns are portrayed as transactions.

However, in our experience, GPS data can just as easily prove innocent commuting and family travel when reviewed properly.

What Happens in Court After You’re Charged with Possession with Intent to Distribute?

After you’re charged with possession with intent to distribute, you’ll go through the arraignment process, enter your plea, and have your bail amount set.

What Happens at Arraignment in Worcester District Court?

At an arraignment in Worcester District Court, you can expect to enter a plea, have bail set, and learn if your license is in danger.

• A not guilty plea enters automatically
• Prosecutors often seek higher bail or GPS monitoring
• Statutory loss of license is a risk if you’re convicted, and immediate suspension is possible if OUI was involved and you refused a chemical test

Will Your Case Stay in District Court or Move to Superior Court?

Your case will likely stay in District Court, but there are mitigating factors that determine if you’ll move to Superior Court instead.

• High weights or priors may trigger indictment to Worcester Superior Court
• Mandatory minimums apply more aggressively in Superior Court

What Defenses and Strategies Can Be Used in a Possession with Intent to Distribute Case?

Defenses and strategies vary a lot in these situations, but in our experience, the most effective option is what’s called “the fruit of the poisonous tree”, which we’ll explain below.

Can Your Lawyer Challenge the Legality of the Traffic Stop and Search?

Yes, your lawyer can challenge the legality of the traffic stop and search. 

Common motions include:

• Gonsalves motion (illegal exit order) if the officer had no safety reason to order you to exit.
• Duration challenge under Commonwealth v. Cordero if the officers detained you for too long while waiting for a K-9 unit.
• Inventory search challenge if the police towed and searched your car just to find drugs (no other reason)

If the judge suppresses the drugs, the case must be dismissed.

How Can Your Lawyer Attack the “Intent to Distribute” Part of the Charge?

Your lawyer can attack the “intent to distribute” aspect in a couple of ways:

• Personal use defenses (the drugs were for your own consumption)
• Constructive possession challenges (you didn’t know about the drugs)

You can learn more in our guide to understanding how to beat a drug possession charge.

Can Negotiations Reduce Possession with Intent to Simple Possession?

Yes, charges can be reduced. Strategic negotiation aims to reduce felonies to misdemeanors and avoid CORI damage. 

Depending on the case, there may be a range of outcomes. For instance, you may get a Continuance Without a Finding on a lesser charge. 

Learn more about potential outcomes in our guide on how to get drug possession charges dropped in Massachusetts.