Constructive Possession

In many possession of drug or controlled substance cases, the suspect is often alleged to be in “constructive”, not “actual”, possession.   Actual possession, unsurprisingly, occurs when a suspect is found with contraband on his or her person – that is, in their hand, in a pocket, etc.

Constructive Possession occurs when one may infer possession of contraband due to a person’s control over it despite their lack of physical grasp.  Prosecutors must prove two elements beyond a reasonable doubt to establish constructive possession: knowledge and control.  That is, a suspect must know of the contraband’s presence and must have the ability to control it for the State to establish constructive possession.  Importantly, mere proximity to the contraband without knowledge does not establish constructive possession.

If you are charged with a possession crime, we can help you.