A person can be arrested for drug possession if they are caught with an illegal substance on their person. But what happens if illegal substances are found in a home or vehicle? A person could face constructive possession charges, even if the illegal substance is not theirs.
Constructive possession is a legal theory that suggests a defendant had knowledge of the presence of a substance and could access and use the substance at any time. This legal theory can be difficult to understand. Here are a few examples:
Constructive possession examples
A defendant could face constructive possession charges if they share an apartment with a drug user. If the police search the apartment, they may find illegal substances in shared spaces, such as a bathroom, living room, or kitchen. Since the defendant shares the apartment, they could be charged with drug possession.
Another example of constructive possession can occur when a defendant lets a friend borrow their car. If the friend leaves prescription medication in the defendant’s car, the police may believe that the defendant is in illegal possession of the prescription medication. This can lead to an arrest and criminal charges.
Defense against constructive possession charges
There are several possible defenses against constructive possession charges. It may be proven that the defendant did not have knowledge of the illegal substances. For example, the defendant may not have known their friend left prescription medication in their car.
The defendant may also prove that they did not have control over the substance. For instance, the defendant may argue that illegal drugs were stored in their roommate’s safe, which the defendant could not access.
Professional legal guidance can help people fight drug possession charges.