You may know someone, such as a family member, friend, coworker or roommate who has a drug abuse problem. A chemical addiction can have severe health impacts and long-term legal consequences. If this person is searched and caught with illegal substances, they could be arrested and charged with drug possession.
But did you know that you could be arrested and face a criminal charge called constructive possession because of another person’s drug problem? You should read the following to understand how constructive possession works:
What is constructive possession, and how does it happen?
Constructive possession is a legal theory that suggests that a defendant was not physically in possession of an illegal drug; however, they were aware of the drug and could gain access to it. Here are a few examples of how constructive possession could happen to you:
- Borrowing a car: You may be pulled over by the police while borrowing a friend’s car. During a search, the police may find illegal substances in the glovebox. You could face criminal charges because you were using the car at the time of the incident.
- Key access: You may have a key to a shared storage unit with someone. However, there is a hidden stash of drugs in the storage unit alongside your stuff. Having a key to the storage unit could link you to the illegal substances.
- Shared apartment: You may be sharing an apartment with a family member. Your family member may have left illegal substances in the living room. You could be charged with constructive possession because the substance was discovered in a shared room.
A prosecutor could argue that you knew of the existence of a controlled substance and could gain control of the drug at any time. However, you could argue that you had no knowledge of the illegal substance. You can explore other possible defense options when you reach out for professional legal help.
