When you hear someone was arrested for drug possession, the first picture that probably comes to mind is that they had drugs on their person. However, it’s not necessarily the case. You can be charged with constructive drug possession, even if the drugs are not physically on you.
Understanding what constitutes constructive possession charges is crucial in navigating the legal waters effectively, given the high stakes of a conviction. Here is what you need to know.
Key elements of constructive possession
Constructive possession charges hinge on two main elements: control and knowledge. First, you must have had the authority and ability to control the location where the drugs were found. It could be your home, vehicle or a property under your supervision.
Second, you must have knowledge about the presence of the drugs. The prosecution can prove this by inferring from circumstances, such as your access to the location of the drugs.
What are the potential defenses?
You can use various defense strategies when facing constructive possession charges. For starters, you may argue that you were unaware of the drugs and lacked authority or control over their location.
Alternatively, you may challenge the legality of the search that led to the discovery of the drugs or point out police mistakes that tainted evidence or violated your constitutional rights. There is no ideal or guaranteed defense to beat constructive possession charges; it all comes down to the facts of your case.
Drug possession charges in Georgia carry severe consequences, and a conviction can have long-lasting undesirable ramifications on your life. There is a real possibility of going to jail, facing heavy fines and having a criminal record. It underscores the importance of seeking urgent legal guidance to protect your rights and improve the chances of a favorable outcome.
