Drug charges can be truly different from one case to the next. The criminal record of the defendant, the type of drug and the amount of drugs involved then all influence the charges a defendant faces and the penalties that the courts might impose. Occasionally, even the way that state authorities establish possession may be different from what people expect.
Most drug cases involve claims of actual physical possession. The person accused of a drug offense had a prohibited or controlled substance on their person, in a purse or in their pockets. It is reasonable to presume that the person was aware of their possession of the drug in such scenarios.
In some cases, police officers find drugs near people but not physically in their personal possession. In such cases, the state may pursue constructive possession charges. What do prosecutors have to prove to validate their claims of constructive drug possession?
Constructive possession involves special circumstances
In scenarios where law enforcement professionals find drugs but no one nearby wants to admit to owning them, everyone present could be subject to scrutiny. Police officers may choose who to arrest based on their analysis of the circumstances. Prosecutors can review the situation and determine if they can build a drug possession case on the basis of constructive possession.
Constructive drug possession requires knowledge and control. The person accused must be aware that the drugs are in their vehicle or on their property. They also have to have the authority to decide what happens with those drugs. Proving that the case meets that standard requires some kind of compelling evidence.
The state may establish constructive possession allegations on the basis of someone’s proximity to the drugs during a search or their ability to access a space. If officers find the drugs in a locked compartment, for example, the person with the keys to that compartment is the most likely party to face criminal charges.
Individuals facing accusations of constructive drug possession often need to develop a different criminal defense strategy than those accused of actual physical possession of a drug. Reviewing a situation that led to drug charges with a skilled legal team can help people develop a defense strategy. People accused of constructive drug possession may have several options available when responding to those claims in criminal court.