One of the most common drug-related criminal charges in Philadelphia is possession. While simple possession involves having drugs under your control, possession with the intent to distribute (PWID) is a more serious charge that involves an intent to sell or distribute controlled substances. In either situation, possession may be “constructive” instead of “actual.”
Constructive possession may be proven with evidence that a defendant knew of and had control over drugs, even though those drugs were not on their person. For example, even if a defendant hides a stash of drugs in their closet, they may still have constructive possession of the drugs because they know they are there and can exercise control over them. This is different from actual possession, where the drugs are on your person.
Call our Philadelphia drug possession lawyers at Kenny, Burns & McGill at (215) 423-5500 to get a free, confidential case evaluation.
What is Constructive Possession of Drugs in Philadelphia?
Constructive possession of drugs may involve accusations or allegations of possession, but the drugs in question are not actually on the suspect’s person. Instead, the drugs may be somewhere else they can access, but the defendant has knowledge of and control over the drugs.
Knowledge of the Drugs
A key element of constructive possession of drugs in Philadelphia is knowledge of the drugs. The defendant must be proven to know about or be aware of the drugs. If the police uncover drugs in your home but cannot prove that you knew they were there, it may be very difficult for criminal charges to stick.
Access and Control Over the Drugs
Another key element of constructive possession is the ability and intent to access and control the drugs. For example, if drugs are found somewhere other than on your person, you may still have control over them if they were somewhere you could access, like on the kitchen table at your house.
For example, you might have drugs tucked into your couch cushions or in the glove compartment of your car. You know they are there and can access them, so you constructively possess them.
Does Location Matter?
The defining trait of constructive possession is that the drugs are not on your person. For constructive possession to apply, the drugs could be almost anywhere.
The key is that the authorities must prove your knowledge of the drugs and their location, in addition to your ability and intent to exercise control over the drugs, wherever they might be.
That doesn’t necessarily mean you have to own the location. For example, you can be found in constructive possession of drugs in your friend’s house or car if you are also in the car, you know the drugs are there, and you can physically access them.
How Can I Challenge Accusations of Constructive Possession of Drugs?
To challenge constructive possession allegations, our Philadelphia drug possession lawyers can help you undermine the criminal elements described above.
Lack of Control Over the Drugs
If you do not actually have access to the drugs because they are locked away or you were denied permission to access them, then that should not be constructive possession. For example, if the drugs were stored in someone else’s private home and you were locked out, how can the authorities say that you currently control them?
Lack of Knowledge of the Drugs
Maybe you had no idea where the drugs were located or that the drugs existed at all. For example, suppose the police found the drugs in your home, where you could have exercised control over them. If someone else who lives with you or has access to your home put the drugs there without your knowledge, you did not possess them.
FAQs About Constructive Possession in Philadelphia Drug Cases
How is Constructive Possession Different from Actual Possession of Drugs?
Constructive possession involves knowledge and control over drugs that are not on the defendant’s person. The drugs may not even be in the defendant’s possession when the defendant is arrested. Actual control may be charged when drugs are found on the defendant’s person or within the immediate vicinity.
What Do Prosecutors Need to Prove Constructive Possession in a Philly Drug Case?
To prove constructive possession, Philadelphia prosecutors need evidence that the defendant had knowledge of the drugs and that the defendant was able to exercise control over the drugs.
Put another way, a defendant should be aware of where the drugs are, and the drugs should be in a place the defendant controls or can reach. This place could be the defendant’s property or accessible by the defendant.
Can I Fight Accusations of Constructive Possession of Drugs?
Yes. Since the drugs were not on your person, prosecutors might face more of a challenge in proving possession. It is possible that you did not know about the drugs or did not have any control over the location of the drugs. If either of these elements is in doubt, your attorney can help you fight the charges.
Where Do Drugs Have to Be to Prove Constructive Possession?
The main point of constructive possession is that the alleged drugs are not on the defendant’s person. Instead, the drugs are somewhere else, but the defendant knows where they are. In short, the drugs could be anywhere as long as the defendant retains control over them.
Can I Negotiate a Plea Agreement Involving Constructive Possession of Drugs?
Possibly. Criminal charges based on constructive possession are not always strong. The fact that the drugs might have been nowhere near the defendant when they were arrested may be a serious hole in the prosecutor’s case. As such, they may be willing to work out a deal and allow you to plead guilty to less severe charges.
Do I Need a Lawyer if I am Accused of Constructive Possession of Drugs in Philadelphia?
Yes. Constructive possession may be used to support charges of simple possession or more serious charges of possession with intent to distribute. You need an attorney who is familiar with constructive possession and knows how to challenge charges arising from constructive possession.
Call Our Philadelphia Drug Possession Attorneys for Help Now
Call our Philadelphia criminal defense lawyers at Kenny, Burns & McGill at (215) 423-5500 to get a free, confidential case evaluation.
