Drug Possession
Possession of illegal drugs, drug paraphernalia or equipment and chemicals for manufacturing drugs is a crime according to state and
federal laws. The penalties for drug possession will vary depending upon the state, the type of drug and the amount. If a large amount of drugs is found in one's possession, for instance, he or she will likely face charges involving possession with the intent to
distribute. Any prior drug-related offense will also likely influence the sentence an individual may face.
Defining Possession: Actual vs. Constructive Possession
Though the general concept is the same, there are different ways to specifically define "possession". This will vary depending on the jurisdiction, but we have outlined the two primary descriptions of possession:
- Actual Possession - actually having the item in one's physical control or custody. For example, carrying a bag of marijuana in one's pocket may be considered actual possession.
- Constructive Possession - without having hands-on custody of an item, a person may be considered to be in constructive possession if he or she knows of its presence and has the ability to control it. For example, having cocaine in the glove compartment of one's car or even hidden on another's property may be considered constructive possession.
The manner in which drugs are discovered, recovered and processed by law enforcement personnel may have a direct impact on a drug possession case. If it is found that the defendant's fourth amendment rights were violated because he or she was subjected to an illegal search, this may provide a criminal defense lawyer with sufficient grounds to have all evidence recovered in that search suppressed. If it was illegally obtained or was improperly processed, it should not be allowed as direct evidence against the defendant.
Learn more about your rights in the face of drug possession charges. Click here to find a criminal defense attorney near you.
