What happens if someone is caught in possession of an illegal substance? Illegal drug possession can lead to federal charges, including fines, jail time and a criminal record. Can someone be charged for drug crimes if an illegal substance was not in their possession? Yes. This may be considered constructive possession.
Constructive possession is a legal theory. This theory suggests that a person may not have had drugs physically on them, but they were aware of drugs that they could access. Here is what you should know:
Examples of constructive possession
There are several ways constructive possession can happen. For example, someone sharing a car may be aware that there are drugs in the glove compartment. During a traffic stop, the police may find the drugs and charge the driver with drug possession.
Or, a person may share a gym locker with a friend. However, their friend uses illegal steroids. If the steroids are found by the police, anyone using the locker could face criminal charges.
Defenses against constructive possession
If someone is charged with constructive possession, they still face federal charges. A strong legal defense can protect someone facing federal charges. Some common defenses against constructive possession include the following:
- Not knowing about the drugs
- Having no control over the drugs
- Unlawful search and seizure
If you are under investigation for drug crimes and potentially facing federal charges, then you should be aware of your legal rights. Professional legal guidance can help you build a defense against a constructive possession accusation.