How Can I Defend Against Constructive Drug Possession Charges?

If you are being charged with constructive drug possession, it is crucial that you understand your legal options and how you can defend yourself. Work with a Marquette drug possession lawyer for experienced legal advice and representation during your case.

What Is Constructive Possession?

To possess something means to have or own the item. What many people do not consider is that, in terms of the law, there are multiple types of possession.

Actual possession occurs when an individual has the item, in this case, drugs, on their person. If the suspect is caught holding drugs in their hand, with it in their pocket or purse, next to them in their car, etc., it is considered actual possession. The term simply refers to the individual having physical possession of the item at the moment they are apprehended.

Constructive possession is when an individual has control over the drugs, but does not necessarily have them on their person. Being guilty of constructive possession requires the individual to have known where the drugs were, known that they were illegal, and had the power to exercise control over them.

For example, if you have illicit drugs in the glove compartment of your car and they are found when you are nowhere near the vehicle, you can still be charged with constructive possession because you knew where they were and had the ability to access them.

Even if you do not technically own the drugs, there is a chance you can be found guilty of constructive possession. For example, consider if you were at a friend’s house and the police arrived to search the property. If the officers find illegal substances, they may be able to prove that you knew about their presence and had the ability to control them.

What Do Marquette County Prosecutors Need to Prove in a Constructive Possession Case?

In Michigan drug possession cases, prosecutors must demonstrate more than simply the presence of drugs near the accused. Instead, constructive possession requires proof that the defendant knew about or had the ability to exert control over the drugs. Without these elements, a conviction may be difficult.

Key Elements Prosecutors Must Prove

• The defendant knowingly had awareness of the drugs and where they were located when they were discovered by law enforcement
• The defendant knew the drugs were illegal
• The defendant had control over the drugs or the location where they were stored
• The defendant had the ability to access the drugs

In order to successfully convict someone on these charges, the prosecutor must prove these elements beyond a reasonable doubt.

How Can I Defend Against Constructive Drug Possession Charges?

If you are facing criminal charges for constructive drug possession, there are several defensive options you can exercise, especially when drugs are discovered in shared spaces like vehicles or homes where multiple people have access. Because constructive possession requires an individual to be aware of the drugs and have the ability to control them, many legal defenses focus on disputing these elements.

Lack of Knowledge of the Drugs

• Constructive possession requires knowledge that the drugs were present
• If the drugs were located in a shared location, like a home or vehicle, it can be difficult for the prosecution to prove you knew the drugs were present
• You may be able to argue that another individual was responsible for the substance
• If multiple people had access to the location where the drugs were found, it could create reasonable doubt regarding who legally possessed them

No Ability to Exercise Control

• Constructive possession requires the ability to exercise control over the substance
• If the drugs were in a location you could not access, like a safe or private container, you may be able to utilize this defense
• The prosecution must be able to prove you had both access and control
• If you were physically unable to access the drugs, it can weaken the defense’s case

Illegal Search or Seizure

• Under the Fourth Amendment of the United States Constitution, you have protection from unreasonable searches and seizures
• Police must have probable cause, a valid search warrant, or your consent to conduct a search of your person or property
• If your home, person, or property is searched without legal authority, the search may be deemed unconstitutional
• Evidence obtained during an unconstitutional search may be suppressed and excluded from trial
• If key evidence is deemed inadmissible, the prosecution’s case may crumble

Chain of Custody Issues

• The prosecution must be able to prove that the evidence collected during the arrest is the same evidence presented in court
• Law enforcement must follow strict documentation and storage requirements
• Breaks or inconsistencies in the chain of custody can raise questions regarding misidentification or tampering
• If the prosecution cannot establish a strong change of custody, it can create reasonable doubt regarding the evidence

Entrapment or Coercion

• Entrapment occurs when law enforcement induces someone to commit a crime they would otherwise not commuit
• For example, if a police officer uses pressure, threats, or manipulation, it can establish a valid defense
• In certain cases, these circumstances can prevent the prosecutors from establishing criminal intent

Contact an Experienced Marquette County Defense Attorney

If you have been arrested on charges of drug possession in Marquette or any of the surrounding communities in the Upper Peninsula, working with an experienced drug possession defense attorney with Berger Law is in your best interest. Our dedicated legal team understands how difficult these matters can be to navigate, which is why we will do everything in our power to help you fight for the best possible outcome. Contact us today to learn how we can represent you during these difficult times.