What Is Constructive Possession Of Drugs?
Most of the time, being arrested for drug possession in Florida means that you were found to have a controlled substance on your person or in your vehicle (‘actual’ possession). However, there is another type of possession that law enforcement can use to help prove these types of charges in court. If you have unique possession or control over a location where drugs are found, this is known legally as constructive possession – and it is just as potentially damning as actual possession in terms of legal consequences.
Control Over Location
Constructive possession of drugs is a legal theory that states that a person possesses a drug even if it is not physically on their person. If you know where the drugs are, and you have control of that location, you can be held to ‘constructively possess’ those drugs even when they are not in your physical possession. For example, if fentanyl is found in your car, and you are the only one in the car, and no one else ever drives it, you will almost certainly be charged with possession of fentanyl even if you never touched the substance.
The key word when discussing constructive possession is ‘control’ – the person who is charged with constructive possession is the person who controls both the drugs and their location. If an individual knows that drugs are present in a location, and has the ability to keep control of them, Florida law holds that they are in constructive possession of the substance, and can be tried for drug possession as if they had the drugs in their hand.
Different Defenses
If you have been charged with constructive possession of drugs, it can feel like a state’s attorney can use this doctrine as a slam-dunk to get a conviction. In reality, there are several different defenses that an experienced attorney can put forth in your case. One of the most common is proximity – arguing that while you may have been in proximity to drugs, you had no control over their location or their disposition. Simply ‘being near drugs’ is not enough.
Another common defense used in constructive possession cases is a simple lack of knowledge. In order to be guilty of constructive possession of drugs, a person must have been aware of both the substance’s location and its illicit nature. If it can be shown that the defendant was not aware of either, it may be sufficient to deny a state’s attorney a conviction.
Contact A West Palm Beach Drug Offenses Attorney
If you have been charged with constructive possession of drugs in Florida, it is crucial that you find an attorney who can help. These cases are prosecuted aggressively, and an experienced West Palm Beach drug offenses attorney from Perlet & Shiner, P.A. can help protect your rights during the legal process. Call our office today to schedule a consultation.
