Actual vs Constructive Drug Possession In Florida

Drug possession is a very common crime in Florida, but not all possession cases are prosecuted the same way. There are certain criteria that a prosecution must meet in order for a defendant to be found guilty, and one of them is whether or not the defendant had possession, whether actual or constructive, of the drugs in question. If you have been charged with this crime, consulting an experienced attorney can help protect your rights.

Different Types

In order to establish a guilty verdict in a drug possession case, a state’s attorney must establish three things. The substance in question must be a controlled substance, and the defendant must have had (1) knowledge of the drugs (both of presence and illegality); and (2) control of the drugs. In order to have control, a prosecution must establish possession on the part of the defendant.

Where matters can become complicated is that Florida law recognizes two different types of possession when it comes to drug cases. While they can establish the same thing, they are different in terms of assessing the best way to defend against a prosecutor’s case. In criminal court, a case must be proven beyond a reasonable doubt, so if an able attorney can create doubt with regard to who actually possessed a controlled substance, it may get a defendant off the proverbial hook.

Control Is Key

Actual possession is fairly straightforward; this is the type of possession that occurs when law enforcement finds drugs on a person or very close by (for example, in their pocket or handbag, or in their living room). As one might imagine, this is the most common type of possession in drug cases, and it is the one preferred by state’s attorneys. After all, it is difficult to argue that drugs are not yours if they are found in your pocket.

The other type of possession is constructive, and it is more difficult to affirmatively establish because someone may not physically possess drugs, but if they were the only one to have knowledge of the drugs and know their whereabouts, it can be said that they were in constructive possession. For example, a person who lives alone may be held to have been in constructive possession of a drug if it is found in their bedroom, but not a person who lives with roommates.

Contact A West Palm Beach Drug Possession Attorney

If you have been charged with possession of a controlled substance, it is important that you understand exactly what you are facing. A West Palm Beach drug possession attorney from the firm of Perlet & Shiner, P.A. can help protect your rights. Call our office today at (561) 721-0552 to speak to an attorney.