Can I Be Charged With Possession Even If Drugs Weren’t Found On My Person?
In order to be charged with possession, you have to have been found to have been in care, custody, and control of the drugs. If they were on your person physically, this would definitely be a circumstance in which you would be found to be in possession of them, assuming that you knew that they were there. However, it is not the only circumstance under which a person can be charged with possession. There is an alternate theory of possession called constructive possession. What that means is while you were not physically in possession of it at the time, the facts and circumstance surrounding where the drugs were found would lead a reasonable person to believe that you were in care, custody and control of it. An easy example of this would be when the police execute a search warrant on your house but you were not there. The police may, in their affidavit supporting your arrest, show possession by stating that the house was in your name, that the drugs were found in your room, and that your identification was found on a table nearby.
Those are facts that I’ve seen frequently in possession cases where drugs have not been found on that person. A conviction can still be had based on those facts but there are at least some things for your attorney to work with in order to attempt to get the prosecutors not to prosecute you fully for that offense. Ownership is not important. It may be important in our everyday regular life, who owns something but all that is going to be important here is who was actually in possession of it or who was in constructive possession of it at the time when it was found or when police made the arrest.
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