What is Constructive Possession?

When it comes to illicit drugs or unauthorized firearms, possession charges can be accompanied by significant penalties. If you are facing charges related to constructive possession, you need an experienced attorney’s help to reduce or dismiss your charges. Contact a Mercer County criminal defense lawyer today to discuss your situation and acquire representation.

What Types of Possession Exist?

Although many people would not consider that there may be more than one way to possess an object, when it comes to drugs or a firearm, there are generally two types of possession that are recognized by the law. In proving possession during a criminal case, it has to be shown that the accused had both knowledge of the item and the ability to exercise control over it. A person could be charged with either actual or constructive possession.

Actual possession: When a person has actual possession of an object they have it on their person or near enough to them that they can reach it. Actual possession might look like a person who is caught holding a gun. It could also apply if a driver is pulled over and is found to have illicit drugs hidden under their seat. In both of these instances, the illegal object is in the hand of the person or near enough that they could reach it and exercise control over it.

Constructive possession: A defendant can be charged with constructive possession even if the object was not in their possession or nearby. Constructive possession means that a person has ownership or control of an object but it is not on their person. This can occur, for example, when illegal drugs are found hidden in a person’s home. Even if the person was not home at the time, because the drugs were in a location where they must have known about them and could take control of them, they were technically in their possession. A person may also be charged with constructive possession if they gave an illegal firearm to a friend to hold onto. If it can be proven that the gun was the defendant’s and they could have taken control of it then they could be charged.

It is also important to note that both actual and constructive possession can be either sole or joint. Sole possession refers to the defendant being the only one with both knowledge and control of the object. Joint possession can be applicable when two or more people are aware of the item and have the ability to use or control it.

Do I Need an Attorney For My Constructive Possession Case?

It is recommended that you obtain help from a skilled legal representative during any criminal case. Whether your constructive possession case involves illegal drugs, firearms, or anything else, the penalties can be detrimental. You could face fines, probation, imprisonment, and more, not to mention the hardships that can come from having a criminal record. It can be difficult to obtain and maintain employment and housing with a criminal record. Speak with a skilled attorney today to begin discussing your situation and forming an effective defense for your possession case.