Actual and constructive are generally the two types of possession that are considered in a drug-related case. While they both describe a person’s ownership of an item, they differ from each other in a few ways. If you are facing drug possession charges it is important to hire skilled legal counsel. Contact a New City drug possession crime defense attorney today to acquire representation.
Actual possession refers to a person having current and physical possession of an object. You can be charged with actual possession of an illegal substance when law enforcement finds drugs on your person or very close nearby. For example, if the police find drugs in your pocket or in the middle console of your car while you are in the driver’s seat, you can be charged with actual possession.
Constructive possession applies to scenarios where a person does not have physical control of the drugs but they know about their presence, know that the substance is illegal, and have the ability to exercise control over them. Multiple people can be charged with constructive possession of drugs. For example, if illegal drugs are found in a lockbox, anyone who has a key that opens the box could be charged even if they are nowhere near the drugs. Because they have knowledge of the substance and access to it they could be found guilty.
In any case, there is a standard of proof that must be met for a judge or jury to declare a guilty verdict. The burden of proof in a criminal case is that the prosecution must prove that the defendant is guilty beyond a reasonable doubt. This means that the jury cannot think of another reasonable explanation for the situation other than the defendant committed the crime.
For the prosecution to meet this standard of proof in a constructive possession crime two elements must be proven. They will have to show that the defendant was aware of the illegal drugs and had the power to exercise control over them. When both of these are true, the defendant may be found guilty.
If a guilty ruling is made, the defendant will face several penalties. The consequences for drug possession vary depending on the state, type of drug, amount, and various other factors. The following are standard drug possession penalties in New York.
Any charges will also be accompanied by fines, probation, and other penalties depending on the specific circumstances of the offense. Work with an attorney to discuss possible defenses that may be effective in your case.
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