To people unfamiliar with legal jargon, the term constructive possession might sound positive. After all, many people consider “destructive” the linguistic opposite of “constructive.” In that context, constructive drug possession may not seem like a serious issue.
However, state prosecutors mean something very specific when they allege that an individual had constructive drug possession. The implications are not positive. Instead, the goal is to justify bringing criminal charges against someone who allegedly broke the law by possessing controlled or prohibited substances. What does it mean to face accusations of constructive possession?
The individual didn’t physically possess the drugs
The term constructive possession refers to scenarios in which individuals did not have contraband in their personal possession. Police officers did not find the drugs in their pockets or in a purse. Instead, they found the drugs near an individual or in a location that they can access.
Constructive possession charges frequently follow searches of vehicles or private property that uncover contraband. Police officers and prosecutors can make decisions about who to charge with a drug offense in such scenarios. Factors including proximity and access may influence who the state determines is likely the party who possessed the drugs that officers found.
Different defense strategies may be necessary
The way that people respond to drug charges can be vastly different from one case to the next. In scenarios involving allegations of constructive possession, the state has to establish certain key facts in court to convict the defendant. Prosecutors need evidence showing that the accused individual was aware of the drugs and also had control over the drugs.
Proving that an individual didn’t have access to the location where officers found the drugs or evaluating forensic evidence that indicates another party may have had direct contact with and control over the drugs could help a defendant avoid an unfair criminal conviction.
People have been able to avoid convictions or appeal after a conviction by asserting that the state did not effectively establish their awareness of and control over the drugs found by police officers. Responding effectively to pending drug charges requires an understanding of the loss and appropriate support. People facing allegations of constructive possession may need help responding effectively in criminal court.
