Many people facing drug charges get arrested for actual possession of drugs. They have prohibited or controlled substances in their pockets or in a bag that they carry when they encounter law enforcement professionals. In such cases, the claim of actual physical possession is relatively straightforward.
Other times, individuals accused of drug possession might get arrested because police officers find drugs near them. How does the state justify prosecuting an individual for drugs found in their vehicle, workplace or home but not in their direct possession?
The state may allege constructive possession
Prosecuting an individual for a drug offense does not require proof that they had the drugs on their person at the time of their arrest. Prosecutors can bring charges in cases where they can establish that an individual was aware that there was contraband nearby and had control over what happened to it.
A claim of constructive possession may be straightforward in scenarios where only one person occupies a dwelling unit or has access to a vehicle. However, those accused of constructive possession can often defend themselves by showing that there could be alternative explanations for the contraband found by law enforcement professionals.
Maybe a driver regularly carpools, and someone else could have dropped those drugs in their vehicle. Perhaps the defendant has roommates who may have owned the drugs that police officers found during the search of their residence. Forensic evidence and other details can play a major role in such cases.
Anyone facing drug charges may need help understanding the charges they face and evaluating different strategies for fighting back. Working with an attorney to help people avoid convictions when facing accusations of constructive drug possession.
