Our expert attorneys have handled many drug-related cases. We notice that some of the cases we handle are what we call “constructive possession.” Often, people are not familiar with this term so the best drug lawyer in Jacksonville wanted to define this term and provide further insight on these types of charges.
Understanding Constructive Possession With Our Jacksonville Drug Lawyer
Constructive possession differs from actual possession in that the person does not physically have the controlled substance on them, but has access to and control over the area where the substance is located. This legal theory can be complex and often depends on specific case facts. Below, we break down the principles and possible defense strategies for these types of cases.
Key Legal Principles
- Access and Control: To establish constructive possession, the prosecution must prove that the defendant had control over the area where the drugs were found and intended to exercise control over the drugs themselves.
- Joint Possession: More than one person can be in constructive possession of a substance if they share control over its location.
- Knowledge: The accused must have knowledge of the presence and illicit nature of the controlled substance.
An experienced drug lawyer can challenge constructive possession claims by:
- Questioning the accused’s knowledge and control over the area. See the next section for details on what is considered to be “knowledge” as used by the court of law.
- highlighting the lack of exclusive access to the location.
- Disputing the intent to control the substance.
Drug Lawyer Defines “Knowledge”
Understanding that an individual is aware of illegal items can be deduced when they solely occupy the location where these items are discovered. However, in situations where the location of the illicit items is under shared control, simply presuming the individual’s awareness and their capability to exercise authority over these items is not adequate. In these cases, concrete evidence is necessary. This evidence might include direct proof showing the individual’s awareness of the illegal items. Or, it could involve incriminating statements and situations beyond just the items’ location. Which, in turn, would allow a jury to legitimately conclude that the individual was aware of the illegal items present.
Why Hiring the Best Drug Lawyer for a Constructive Possession Charge Matters
Constructive possession cases are often not straightforward. They require a vast understanding of the law and skilled legal strategies. This is where choosing the best drug lawyer with a proven track record becomes important.
If you, or someone you know, is facing such charges, ensure you contact the best drug lawyer in Jacksonville to help you navigate these complex legal challenges.
**For more details and legal information on drug charges in Florida, review the state statutes and constitution.