Drug possession charges are often relatively straightforward. Police officers find drugs in someone’s pockets or in their backpack. There is little question of who actually owned those drugs in most cases.
Other times, police officers find drugs in a location where there are multiple people present, and everyone denies that the drugs belong to them. Police officers might locate drugs in a shared apartment where multiple people live or in a vehicle transporting several individuals at the same time.
If no one admits to possessing those drugs, then police officers and prosecutors have to make judgment calls. Someone present during the search might face constructive possession charges.
What is constructive possession?
Constructive possession is different from actual physical possession. Instead of proving that an individual had the drugs on their person, the state must instead prove that they knew the drugs were there and had control over what happened to them.
Often, the owner of the vehicle or the person on the lease at a rental home might be at risk of constructive possession charges. How close the person was to the drugs, their prior record and even their ability to access the location where officers found the drugs can influence what happens next.
Those accused of constructive possession may need to develop a different defense strategy than those facing basic possession allegations. With the right help, they may be able to avoid a conviction.
Reviewing forensic evidence and other details about a situation like this with a skilled legal team can make it easier for people accused of constructive possession to avoid a criminal conviction. Those facing drug charges are at risk of major penalties, but a strong defense strategy could help them limit their chances of a conviction.