If you have been charged with drug possession, you may have heard the term “constructive possession.” This is a legal term that may be very important to your case and it is essential that you understand what it means and how you may be able to use it to aid in your potential defense. Below are two frequently asked questions about constructive possession and some general information and answers. Remember that though articles like these may be helpful, it is important to always consult with a drug possession lawyer Bloomington, IL residents trust before making decisions about your case.
- What is constructive possession? Constructive possession means, essentially, that though the drugs were not found on your person, you knew about them and knew where they were. Simple examples of constructive possession may be if you are charged with drug possession and the drugs were found in your home or in your car. Because the drugs were not found in your hand or in your pocket, you did not have actual, physical possession of the drugs when they were discovered. However, the drugs were likely found in an area closely associated with you, that you knew about, and where it makes sense that they could be yours.
Note, what exactly constitutes constructive possession varies by state. Each state has its own law, sometimes codified in statutes and sometimes crafted by the court system through case law. This is true for all crimes, including drug possession crimes founded on constructive possession. To be sure that you understand how constructive possession works in your state, be sure to contact a qualified local attorney.
- How can you challenge your drug possession charge if you only had constructive possession? If your drug possession charge is based only on constructive possession, prosecutors must prove that not only did you know about the drugs, but that you had “control” over the drugs. This means the prosecution has to present more evidence to the court than just the fact that they found the drugs in your house in order to get a conviction. Instead, the prosecution must provide additional evidence that the drugs belonged to you. If the drugs did not belong to you, you will be able to assert a strong defense at trial. To continue our simple example, this may be the case if the drugs found in your house belonged to your roommate, or if the drugs found in your car belonged to a friend who was riding with you. If you are able to present evidence to dispute the prosecution’s assertion that the drugs found were under your “control” the prosecution will be unable to prove their case and you will not be convicted with drug possession.
Facing drug possession charges is very serious. If your drug possession charges are based on constructive possession, you may have a chance a strong defense. Consider hiring an experienced and qualified criminal defense attorney who has handled cases in the past with allegations of constructive possession. A good criminal defense attorney will be able to use the facts of your case and what he or she knows about your state’s law regarding constructive possession to poke holes in the prosecution’s case against you.
Thank you to our contributors at the law office of Pioletti & Pioletti for the above information.