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.
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.
If you are facing criminal charges for constructive drug possession there are several defensive options you can exercise. Because constructive possession requires an individual to be aware of the drugs, you may be able to argue that you were unaware of their presence. This defense can be effective if the drugs are found in a communal space or at a friend’s house, like in the example above.
You can also claim that you did not have the ability to exercise control over the substance. If the drugs were found in a locked safe or other area and you can prove that you were unable to access the substance this defense can work.
Finally, you could argue that the search conducted to locate the drugs was in violation of your Fourth Amendment right. If the police did not have probable cause or a valid warrant then the evidence they collected could be deemed inadmissible.
Speak to a skilled attorney today to discuss your possible defensive options during your drug possession case.
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