The concept of possession sometimes comes into play when a person is facing drug charges. This is often a central point in the matter, so it’s critical for defendants to fully understand what it means.
In drug-related criminal cases, possession isn’t limited only to a person having the object in question on their person. It includes several other situations, which is why this concept can be so challenging.
Types of possession
There are two primary types of possession. Actual possession means that the drug or drug paraphernalia was found on the person, which includes in a pocket, bag, or body part. Constructive possession means that the items weren’t physically on the person, the that they were in a place that the person could access or control. This could mean in the nightstand drawer or the glove compartment. The criterion is that the person has authority over the space.
Key elements prosecutors must prove
Convicting someone on drug possession charges means that the prosecution needs to prove that the defendant knew the item was present and that it was illegal. They also have to prove that the person had control over it.
Defense strategies often focus on attempting to disprove one of those three points. This could be using something as broad as trying to show that someone else had access to the area where the item was located. The prosecution must be able to link the item in question to the defendant.
These cases can be challenging, so it’s typically best for defendants to take the time to learn their options for defense strategies. It might be beneficial for the defendant to work with someone familiar with these matters.