The possession of prohibited drugs is a crime. The state can also prosecute people who possess prescription medications without a recommendation from a physician.
Many drug charges are the result of officers finding drugs on an individual in their pockets or a bag they carry. Other times, police officers may find drugs while searching a vehicle, a business or a living space. In those cases, a person accused of possessing those drugs may face allegations of constructive possession.
Constructive possession relates to control
It can be difficult for the state to establish who actually owned contraband after finding the drugs in a shared space or a vehicle. Frequently, everyone present denies knowing about or possessing the drugs.
Occasionally, there may be forensic evidence that ties one person to the drugs. Fingerprints, for example, can demonstrate that someone handled the package that contains the drugs or the paraphernalia found with it.
Other times, the state bases its case on an individual’s proximity to the drugs at the time of the search. The person in the seat under which law enforcement professionals find the drugs could potentially face constructive possession charges. The driver or the vehicle’s owner could also be at risk.
Typically, state prosecutors have to establish that the person accused of constructive possession was aware of the drugs’ presence and had control over what happened to them. Particularly when there are multiple people present at the time of the search or when there is a lack of forensic evidence, a defense attorney may be able to question the state’s conclusions in a constructive drug possession case.
Identifying weaknesses in the prosecution’s case can lead to a reasonable criminal defense strategy. People hoping to beat pending drug charges often need to prepare carefully before going to court. Seeking personalized legal guidance can help.
