Frequently, I receive calls from individuals who have been charged with some form of drug possession. Many of these people I speak with did not actually possess the drugs on their "person" -- for example, in a coat or pants pocket.
Naturally, individuals charged under such circumstances inquire as to whether they can actually be charged with possessing the drug. The simple anwer: Yes, you can be charged with a crime. However, the mere fact that the police are in the position to charge you with the crime of drug possession does not mean that there is sufficient evidence to prove your guilt beyond a reasonable doubt.
In an effort to set aside confusion concerning drug "possession," I have answered a few of the What Ifs I commonly receive from individuals who are charged with possession of a drug but did not actually possess the drug(s) on their person.
What if “I didn’t even have the drugs on me?”
Answer: Let’s assume you were pulled over in a traffic stop and a small baggie of drugs was in your center console where the officer could clearly see it. Where the drugs are not found on a defendant’s person the prosecution must prove “constructive possession.” In order to prove “constructive possession” of a drug, the prosecution must establish that the individual charged had both the power and the intent to exercise control the drug(s).
But what if “the drugs were in the car and there were other people in the car with me?”
Answer: The theory of “constructive possession” would still apply. However, now, the prosecution would have to prove “joint constructive possession.” Under the theory of “joint constructive possession,” two people may have joint control and equal access to the drug and, thereby, both may constructively possess it. The prosecution can attempt to prove joint constructive possession based upon all the factual circumstances present in any particular case.
As mentioned above, the mere fact that police may be in a lawful position to charge you with a crime of drug possession in any of the above-scenarios, it does not mean that the police and prosecution will be able to prove you are guilty of that crime beyond a reasonable doubt. Additionally, there may be search and seizure issues that you may be able to attack in defending your case.
The Pennsylvania Drug Defense Attorneys at Colgan Marzzacco, LLC, bring to the table the knowledge and experience necessary to defend your rights. If you have been accused of a drug crime, there may be many questions that you need answered. More importantly, based upon your limited contact with the criminal justice system, there may be many questions you do not even know to ask. For example: Was the traffic stop lawful? Did the police have the right to search me or my car? When the police entered my home, did they need a warrant? Was my consent to the search voluntary? These are examples of just some of the questions that can come up in a drug case. Based upon the knowledge obtained through years of experience defending the rights of those accused of crimes, the Drug Defense Attorneys at Colgan Marzzacco, LLC, know the questions to ask so you can get the answers you need and deserve.
If you have been charged with drug possession, contact us for a free phone consultation today at 1-866-615-0115.