Constructive Possession vs. Actual Possession: Drug Possession Law in Jackson, Mississippi
There are different types of drug possession. For example, did you know that you can be charged with drug possession even if you don’t have drugs on your person, or if drugs are found on a property under which you have control? The difference between constructive possession and actual possession involves whether you physically were in possession of drugs (actual possession means that drugs were found in your bag, in your pockets, or in a car you were driving), or whether you were found to be the owner or renter of a car or property where drugs were found. It is possible to face drug charges even if drugs weren’t in your actual possession. For example, if police have a search warrant of your home or car, or of a locker or safe deposit box, and they discover drugs, police could charge you with constructive possession of these drugs if you were found to be in control of the car, home, apartment, safe, or locker. Constructive possession charges can be more complicated than actual possession charges because with constructive possession, multiple people may be aware of the drugs and have access to the drugs. Constructive possession charges can be complex because multiple people may have access to a property or place, but not all these people may have access to drugs.
What is constructive possession? Possession is anything you own, over which you have control. Your school locker is something you possess, even though you may not physically be at your locker. Your car is something you possess even though you may not always be inside your car or driving it.
The thing to keep in mind is that if you are facing drug charges, there really is no difference in the consequences for constructive possession and active possession. Basically, it’s a possession charge. However, the burden of proof for a constructive possession charge will generally be higher. Prosecutors will need to show that not only did you know that drugs were on your property, but that you had control over these substances. For example, if you and three other people had a key to an apartment, officers may claim that all three of these individuals had possession of the drugs found in the apartment. Yet, this can be a complex case. What if one person didn’t know there were drugs in the apartment? What if only one person was using or had control of the drugs? If your roommate is charged with drug possession for drugs found in your home, could you also face drug charges? This is where the case can get complicated, and where the burden of proof is on the prosecution for proving your guilt. Having a strong case to support your innocence can make a big difference in whether you end up being convicted. Have questions? Reach out to Andrew Sorrentino, a drug possession lawyer in Jackson, Mississippi today to learn more about your options and rights if you are facing constructive possession drug charges.
Some Examples of Constructive Possession
What are some examples of constructive possession? Let’s say you and a friend are walking down the street. Your friend has a bag of weed in his pocket and you don’t have weed. Police approach you, and without police seeing, your friend puts the weed in your bag. Who has possession? Police might charge you with possession because you had the weed in your bag, but in reality, the truth is that your friend had constructive possession over the weed, because only your friend owned the weed, and your friend was the one who put the weed in your bag. This case can get complicated, because you’d need to prove in court that you didn’t have constructive possession of the weed, even though you may have had physical possession of it.
Other cases could include a situation where a roommate leaves drugs in a common area in your home (like a drawer), but you were not aware of the drugs being in the common area. If officers search the home with a warrant, but you were not aware that drugs were there and had no control over the drugs, you may be able to show that you had no constructive possession of the drugs. Drug charges can be complex. When your reputation, your rights, and your freedoms are on the line, you may have many questions about your next steps. Andrew Sorrentino is a drug possession lawyer in Jackson, Mississippi who may be able to protect your rights and defend your innocence.
Defend Your Innocence Following Drug Possession Charges in Jackson, Mississippi
Are you facing drug possession charges? Do you have questions about your rights? The Law Office of Andrew Sorrentino is a drug possession law firm in Jackson, Mississippi that may be able to help. Reach out to us today or connect with us through USAttorneys.com.
