Charlotte Criminal Lawyer Blog
Defending Constructive Possession Charges
Drug possession charges are serious. If you are found guilty of drug violations you could face severe penalties. Often, illicit drugs are located in common areas of a vehicle or home, and more than one person may be charged with their possession. If you have been charged with constructive possession you will want to vigorously defend the charges with help from an experienced criminal defense attorney.
What is Constructive Possession?
Drug possession isn’t always cut and dry. In some cases, drugs are not located on a person but instead are found in common places where multiple people have access. Constructive possession means that a person is assumed to have ownership of drugs based on knowledge and control. If drugs are found where you can access them or where you have control of them, you could be charged with drug possession even though you did not have physical custody.
Elements of Constructive Possession
In order to convict a defendant on constructive possession charges, the state must prove several important elements. First, the state must prove that the defendant knew about the illicit substance. Next, the defendant must have had the power to control the use or possession of the substance. Finally, the person must have had the intent to control it. Possession can be non-exclusive, meaning that more than one individual could have access to the same contraband. In a criminal case, the government must prove guilt beyond a reasonable doubt.
Preventing Drug Charges
There are several steps you can take to help prevent constructive drug charges from occurring. If you are stopped by police, you may decide not to consent to a vehicle search. The police may only conduct a search if they have probable cause. Otherwise, the police may use a dog to sniff around the vehicle or they may seek a search warrant through the court. Do not admit to having drugs or knowing about them. You can invoke your right to remain silent and have an attorney present when the police conduct an interview. Don’t take responsibility for drugs that belong to someone else.
Defending Constructive Possession Charges
One of the best ways to defend drug possession charges is by establishing reasonable doubt. Your lawyer will work to show that the circumstances of where the drugs were located were accessible by others. For instance, if drugs were found in a vehicle, there may have been other people who had access and therefore, it may be uncertain who the drugs actually belonged to. Another factor is knowledge of the drugs. You may be able to show that you did not know the drugs were there. It may also be possible to show that you did not have control over them.
In some cases, your lawyer may challenge the legality of the search. If the search was conducted illegally, the evidence may be excluded and cannot be used in court. Defending the charges will be based on the specific circumstances in your case.
If you or a loved one was charged with constructive drug possession, you will want to provide a strong defense. Contact us at Arnold & Smith, PLLC, at (704) 370-2828 to consult with our skilled legal team.
The criminal defense attorneys at Arnold & Smith, PLLC represent individuals facing a wide range of state and federal criminal charges. Our practice includes traffic violations, DWI/DUI offenses, drug crimes, firearm and weapons charges, and gun permit denials.
We also defend clients accused of property crimes, including larceny, breaking and entering, robbery, fraud, embezzlement, and other white-collar offenses. Our attorneys handle cases involving sex-related offenses, such as indecent exposure, sexual assault, crimes against nature, and petitions for removal from the sex offender registry. In addition, we represent individuals charged with violent crimes, including domestic violence offenses, assault, manslaughter, homicide, and murder.
Beyond criminal charges, we assist clients with related legal matters such as restraining orders, probation violations, expungements, criminal appeals, and immigration issues arising from criminal allegations. We believe that informed clients are empowered clients, and we are committed to helping individuals understand their constitutional rights while providing aggressive and effective legal representation at every stage of the process.
Source:
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_90/gs_90-95.html
https://www.law.cornell.edu/wex/reasonable_doubt
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What is the Difference Between Physical and Constructive Drug Possession?
Drug Possession in North Carolina