If you are found with a bag of cocaine in your pocket, it’s going to be pretty hard to prove beyond a reasonable doubt that the drugs weren’t yours, but oftentimes drug possession cases are not this black and white. Sometimes drugs are located when they are not physically on a person, and in these cases police need to figure out who they belong to. They have to “construct” a scenario that explains who the drugs belong to, and if they settle on you, there’s a chance you’ll end up facing drug possession charges through a “constructive possession” charge.
A constructive possession charge can be harder for the prosecution to prove, and you should always have a lawyer by your side if you’re facing a constructive possession drug charge. In today’s blog, we look at some of the ways your lawyer will work to provide reasonable doubt and help you avoid a constructive possession drug conviction.
Defenses For Constructive Drug Possession
As we noted above, a constructive drug possession charge will occur when the drugs are found somewhere other than on your person. This could be in a place like:
- A vehicle
- A backpack
- A locker
- A dorm room
- A shared community space in a house
As you can imagine, it will be easier for police to construct drug possession in some instances more than others. For example, if drugs are found in your school locker, it will be easier for them to charge the locker owner with drug possession than if the drugs were found on the ground in the boy’s locker room. The specifics of the case will be highly important for how your lawyer will work to discredit the prosecution’s assertion that you are the owner of the drugs.
We can’t sit here and say exactly how a lawyer will work to build a defense because your defense will be tailored to your unique case, but there are two common pursuits that are generally considered when working to discredit a constructive drug possession defense. Those are:
Shared Access – There’s a good chance that your lawyer will argue that even though you may have some domain over the location that the drugs were found, others had access to that area and could just as easily been the one who brought the drugs there. For example, if your locker doesn’t lock, you have roommates or you regularly have passengers in your vehicle, you could argue that someone else had access to the area where the drugs were found. Showcasing that someone else had access to the area where the drugs were found is the most common way to fight back against a constructive drug possession charge.
Revenge – Another possible angle that will be explored is the idea that someone is out for revenge. If your boyfriend has a jealous ex or you got in a fight with some teammates and they decide to get some revenge, you could argue that someone else had motive and opportunity to set you up.
If you’ve been charged with drug possession after police found drugs somewhere and decided they belonged to you, now is the time to connect with a lawyer and tell your story in court. Don’t let police build up a false narrative. Let us get you the justice you deserve. For more information about defending yourself against a drug possession charge, or for assistance fighting a different criminal matter, connect with Avery and the team at Appelman Law Firm today at (952) 224-2277.
