Peter Blair | May 19, 2017 | Uncategorized
Did you know that you can receive charges just from possessing drugs or guns that are not yours, if they are inside your vehicle or home? For example, what if you get stopped for a traffic citation and the officer decides to search your car with your permission? What if they find a baggie of Marijuana in the console even though it isn’t yours? What if your cousin, who borrowed your vehicle, left the baggie behind without telling you and you had no idea it was there? You may end up responsible for having the Marijuana in your possession even if it wasn’t yours and wonder what you can do about it.
The Laws Behind Constructive Possession
Constructive Possession is when you are held responsible for something in your general vicinity, even if it is not on you, even if you didn’t know about it. In these cases, it is natural for many disagreements to occur, especially if you didn’t know anything about the item being on you. If you were found with Marijuana inside your pocket or backpack, the law treats it the same as if it was found in your car or your room, and assumes that the item must be yours.
There are many examples of when constructive possession applies. For instance, you may see it in cases where identity theft occurred because, even if they did not have physical access to your card, they knew the number and stole from you. It could also apply in a situation where nobody is inside a vehicle when drugs are found inside it. However, the person with the keys could take physical possession of the car at anytime, so they are assumed to be in possession of anything inside.
Proving Your Case
If you were found with illegal drugs or weapons that were not yours, you may wonder how you can challenge your case. You may be able to show that the drugs were not in plain sight and so you wouldn’t have been using them, implying that they were under someone else’s possession. The problem in these cases is that they become particularly tricky and a simple denial is not enough. You will need to speak to a defense attorney about your options. Call us today to find out how we can help you if you were charged for a crime you know you did not commit.