A common type of criminal charge is drug possession. Drug possession happens when a defendant is caught and charged with having illegal substances. This kind of charge can lead to fines and incarceration and severely harm a defendant’s future education, housing and employment opportunities.
In some cases, a defendant will be charged for constructive possession. Constructive possession is a legal theory that suggests that a defendant has access to illegal substances. This is a complicated matter during a drug possession case. Here is what you should know:
How might someone be tied to illegal substances: 2 examples
In a case where there is evidence that someone had reasonable knowledge of illegal drugs and could access them at any time, the defendant may be charged with constructive possession. Constructive possession is a hard concept to understand. These examples can help to explain how constructive possession works:
- Sharing a car: A defendant may have let a friend use their car to pick up a prescription medicine. The next time the defendant drove their car, they found their friend’s prescription left behind. During a traffic stop, the police may find the prescription and see that it is under a different name than the defendant. As a result, the defendant may face drug possession because there was a prescription drug in the vehicle.
- Sharing a locker: A defendant may use their friend’s locker at the gym. The friend is known to use illegal steroids. If the locker was searched and the steroids were found, the defendant may face constructive possession charges because they could access the locker.
Understanding your legal rights during a drug possession charge can help mitigate penalties. You can reach out for legal help to learn more.
