You can face a felony drug charge even if the police did not find the drugs on you. You might feel confused and ask questions like, “How can they charge me with possession if it was not mine?” The answer lies in a legal concept called constructive possession. Understanding this is crucial to finding an effective defense.
What constructive possession means
The police can arrest you for having an involvement with a controlled substance. They can have probable cause to believe you have committed an offense, even if you are not holding it at the moment of arrest. In Michigan, this is legally defined as constructive possession.
A prosecutor can then decide to file charges against you. To secure a conviction, they can argue that you meet these two critical factors:
- You knew that the controlled substance was there.
- You can control or access the substance or the location where it was found.
The prosecutor must prove each element beyond a reasonable doubt with circumstantial evidence. Evidence may include your proximity to the substance’s location, the presence of your personal items nearby or statements you have given to the police.
Where constructive possession often fails
While constructive possession cases can feel final, finding a defense strategy is possible. Your defense team can challenge the prosecution’s argument by establishing these factors:
- Lack of knowledge: You did not know about the substance’s presence due to its hidden state.
- Lack of exclusive control: You lacked the intent or power to control the substance, especially if its location is in shared spaces.
While these defenses challenge the requirements for constructive possession, handling them by yourself can be difficult.
Your next steps
If you are facing a felony drug charge based on constructive possession, understand that this case can be highly complex. You need specific legal assistance to navigate this process. Seeking legal counsel is your next crucial step to gain insights into your case and build a defense strategy.