Constructive possession is a legal concept that means that if a person has the power and intent to control the drugs, even without physically possessing them, the law can hold them responsible. Essentially, a person can face drug possession charges even if they don’t have them on their person or if they have never touched those drugs at all.
What elements must be present in a constructive possession case?
To prove constructive possession, the prosecution must establish several key elements. This includes:
- Knowledge: The defendant must know about the item. This means they understand that the item exists and recognize its nature, such as being an illegal substance.
- Intent to control: Evidence must show that the defendant intended to control the item. This involves having both the power and the intention to manage or control it, even if they do not physically hold it.
- Access and proximity: The defendant must have access to where the item was found. Being close to the item and having a way to access it, like keys or control over the space, are crucial factors.
- Exclusive or shared control: If others share the space, the prosecution must prove that the defendant specifically controlled the item. They must distinguish the defendant’s control from that of others who might also have access.
The prosecution must clearly demonstrate these elements through direct or circumstantial evidence, showing that the defendant had both the knowledge and the ability to control the item.
A possession charge is not a conviction
Just because authorities found drugs in a shared property or space does not automatically mean you own it. More importantly, it shouldn’t result in life-changing consequences and penalties. An attorney can help assess the evidence, challenge the prosecution’s claims and advocate for your rights throughout the legal process.
