How Can I Be Charged With Constructive Drug Possession?

If you are facing constructive drug possession charges you need to speak with a skilled defense attorney to discuss your case and legal options. The penalties for possession in NJ can be severe, so contact a New Jersey criminal defense attorney to begin working on an effective defense today.

What is Constructive Possession?

In a drug case, there are generally two types of possession that a person can be charged with. Actual possession is typically more common and refers to a situation where a suspect is caught with an illicit drug on their person. It could be in their hand, pocket, backpack, or purse. If it is in their car or home while they are present they can also be charged with actual possession. It simply refers to the individual having current physical possession of the item or having it in close enough proximity to themselves.

Constructive possession, on the other hand, does not require the drugs to be present with the person. To be convicted of constructive possession it has to be proven that you knew the drugs were present, knew they were illegal, and had control over them. Suppose you were at a friend’s house when law enforcement arrived with a warrant to search the house. In their search, they find illicit drugs. Even though it is not your home you could be charged with possession if it can be proven that you were aware of the drugs and had the ability to exercise control over them. Another example could be that the drugs were locked in a safe under your bed. Even if you were not present at the time they were found, you knew that they were there and had access to the safe, meaning you could be found guilty of constructive possession.

What Are Some Potential Defenses for Constructive Possession?

Several defenses can be utilized if you are facing charges related to constructive possession of illicit drugs. Depending on the details of your situation you may or may not be able to use one or more of the following defenses.

• Lack of knowledge: You may be able to argue that you did not have knowledge of the drugs being present or you did not know that the drugs were illegal.
• Illegal search: Under the Fourth Amendment of the U.S. Constitution, you have the right to avoid unreasonable searches and seizures. If the police did not have a warrant or valid reason for conducting the search, the drugs and other evidence that they found may be inadmissible in a court of law.
• No control: Part of a successful conviction hinges on you having the ability to control the drugs. If you did not have control over the items you could have your charges reduced or dismissed. This could work if the drugs were found in your friend’s home or someone else’s property.

Keep in mind that to be convicted it must be proven that you knew about the drugs, knew that they were illegal, and had the ability to exercise control over them. If these three things cannot all be proven you may be able to avoid the associated charges. Speak with a skilled defense attorney for more information.

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