Constructive Possession of Drugs

What is Constructive Possession of Drugs?

Constructive possession of drugs is a legal concept that applies to cases where a person is charged with possessing drugs that are not physically on their person but are found in a place under their control or influence. In constructive possession cases, the prosecution must prove that the defendant knew the drugs were present and had the intent and ability to exercise control or dominion over them.

For example, suppose drugs are found in a car registered to and driven by someone. In that case, that person could be charged with constructive possession of the medications if it can be proven that they knew the drugs were present and had the intent and ability to control them.

Constructive possession can be more challenging to prove than actual possession, where the drugs are found physically on a person. In constructive possession cases, the prosecution must establish a link between the defendant and the drugs and prove that the defendant knew about the drugs and the intent to possess them.

If you are facing drug charges related to constructive possession of drugs, seek the advice of a qualified criminal defense attorney who can help you understand your legal options and represent your interests in court.

Actual Drug Possession vs. Constructive Possession

Actual possession and constructive possession are two legal concepts used in criminal cases to define possession of an object or substance, such as drugs or a weapon. The main difference between actual possession and constructive possession is the physical proximity of the object or meaning to the person in question.

Actual possession refers to situations where the object or substance is found physically on the person, such as in a pocket, bag, or backpack. In these cases, it is usually more accessible for the prosecution to prove that the person had the object or substance.

To convict someone of actual possession, the state has to prove the following elements:

1. Knowledge: The prosecution must prove that the person knew that the object or substance was present and that it was illegal or controlled.
2. Control: The prosecution must prove that the person had actual physical control or dominion over the object or substance. This means that the object or substance was found on the person’s body or in their immediate possession, such as in a pocket or bag.
3. Intent: The prosecution must prove that the person intended to exercise control over the object or substance. This can include evidence of prior possession or use of similar objects or substances and other factors that suggest intent.

Constructive possession, on the other hand, refers to situations where the object or substance is not physically on the person but is found in a location that the person controls, such as a car or a room in their house. In constructive possession cases, the prosecution must prove that the person had knowledge of the object or substance and the intent and ability to exercise control over it.

For example, suppose drugs are found in a car registered to and driven by someone. In that case, that person could be charged with constructive possession of the medications if it can be proven that they knew the drugs were present and had the intent and ability to control them.

To convict someone of constructive possession, the state generally has to prove the following elements:

• Knowledge: The prosecution must prove that the person knew that the object or substance was present and that it was illegal or controlled.
• Ability to control: The prosecution must prove that the person could control the object or substance. This can include control over where the object or substance was found.
• Intent to control: The prosecution must prove that the person intended to exercise control over the object or substance. This can include evidence of prior possession or use of similar things or substances and other factors that suggest intent.

It’s important to note that the specific elements required for a constructive possession conviction can vary depending on the jurisdiction and the nature of the offense. In some cases, the prosecution may need to prove additional elements, such as knowledge of the specific type and quantity of the object or substance.

It’s important to note that actual and constructive possession can result in criminal charges and penalties if the object or substance is illegal or controlled.

What are the factors of constructive possession?

The factors that may be considered in determining constructive possession can vary depending on the jurisdiction and the case’s specific facts. However, some common factors that courts may consider in constructive possession cases include the following:

Proximity

The object or substance is found in close proximity to the person, such as in a vehicle or a home to which the person has access.

Knowledge

The person knows that the object or substance is present and understands that it is illegal or controlled.

Control

The person has the ability to exercise control over the object or substance, even if they do not have actual physical possession. This can include situations where the person has the right to access or control the area where the object or substance is located.

Intent

The person intends to exercise control over the object or substance, even if they do not have physical possession at the time of discovery. This can include situations where the person has previously possessed or used similar objects or substances or where there is evidence of plans to use or sell the object or substance.

Other relevant factors

Other factors that may be considered in determining constructive possession include the presence of drug paraphernalia or other evidence of drug use, large quantities of cash or other indicia of drug sales, and the presence of other people who may be involved in the alleged offense.

Constructive Possession Drugs Defenses

If you are facing charges related to constructive possession, there may be several defenses that you can use depending on the details of your case. Some possible defenses include the following:

1. Lack of knowledge: If you were unaware that the object or substance was present and did not know that it was illegal or controlled, you might be able to argue that you lacked the required knowledge element for constructive possession.
2. Lack of ability to control: If you could not exercise control over the object or substance, such as if it was found in a public space or in a location that you did not have access to, you may be able to argue that you lacked the required element of the ability to control.
3. Lack of intent to control: If you did not intend to exercise control over the object or substance, such as if it belonged to someone else or if you were holding it temporarily for someone, you might be able to argue that you lacked the required element of intent to control.
4. Unlawful search and seizure: If the object or substance was found due to an illegal search or seizure, such as if the police did not have a valid warrant or probable cause, you may be able to argue that the evidence should be excluded from your case.
5. Mistaken identity: If evidence suggests that you were not the person with the object or substance, you may be able to argue that you were mistakenly identified as the person in question.

It’s important to note that the specific defenses available to you will depend on the details of your case and the laws in your jurisdiction. If you are facing charges related to constructive possession,  seek the advice of a qualified criminal defense attorney. A  lawyer specializing in drug crimes can help you understand your options and develop a defense strategy tailored to your circumstances.

Penalties for Constructive Possession of Drugs

The penalties for constructive possession of drugs depend on the type and quantity of the controlled substance and the jurisdiction where the offense occurred. In general, penalties for drug possession can include fines, probation, and jail or prison time. The severity of the punishments usually increases with the amount and type of drug involved.

In Texas, for example, constructive possession of a controlled substance is generally classified as a state jail felony, which can carry a penalty of up to two years in a state jail facility and a fine of up to $10,000. However, if the amount of the controlled substance is over certain thresholds, the penalties can be more severe.

For instance, possession of between 1 and 4 grams of cocaine or methamphetamine in Texas can be punishable by 2 to 10 years in prison and a fine of up to $10,000. Possession of more than 400 grams can result in a sentence of 10 years to life in prison and a fine of up to $100,000.

It’s important to note that drug possession penalties can vary widely depending on the circumstances of the case and the specific laws in the jurisdiction where the offense occurred. Suppose you are facing charges related to constructive possession of drugs.

FAQs on Constructive Possession Charges

What is constructive possession?

Constructive possession is a legal concept that applies to criminal law and refers to individuals who possess a controlled substance without actually having it on their person. It can be defined as a situation where an individual knowingly has control over a prohibited item, even though they do not physically possess the object. In order for this to be considered “constructive” possession, the individual must also have the intent to exercise control over it.

What are the two elements of constructive possession?

In order for an individual to be held accountable for constructive possession, two elements must be present: knowledge and intention. Knowledge means that the individual was aware that they were in possession of, or had access to, the controlled substance. Intention means that the individual intends to have control over the substance.

Do first-time drug offenders go to jail in Texas?

It depends on the circumstances, including the type of drug, the amount of drugs, and any prior drug offenses. Generally speaking, first-time non-violent drug offenders may be eligible for probation, while more serious or repeat offenses could result in jail time.

How long do you go to jail for drug possession in Texas?

The length of jail time for drug possession in Texas can vary depending on multiple factors such as the type of drug, the amount of drugs, and any prior convictions. For example, a conviction for possession of up to two ounces of marijuana carries a penalty of up to 180 days in jail and/or a fine of up to $2,000.

What are the factors of constructive possession?

There are three key factors that must be present in order for constructive possession to be proven: knowledge, control, and intent. The individual must know that they have control over the substance and must intend to exercise control over it.

What is an example of constructive adverse possession?

An example of constructive adverse possession is when a person moves into a vacant property without permission from the true owner and then lives there continuously for a period of time (usually five years). The person effectively takes “possession” of the property because they are living on it even though they don’t have legal title or permission from the owner.

How do you beat a drug possession charge in Texas?

Your best chance at beating a drug possession charge in Texas is with the help of an experienced defense attorney. Depending on the facts of your case, your lawyer may attempt to challenge evidence or establish reasonable doubt by casting suspicion on other potential suspects or arguing a lack of control or knowledge about the drugs.

Can a felony drug charge be reduced to a misdemeanor in Texas?

Yes, it is possible to have a felony drug charge reduced to a misdemeanor in Texas under certain circumstances. This usually involves being able to demonstrate rehabilitation efforts, completing probation requirements, or agreeing to enter a plea deal.

How many grams is a felony in Texas?

It depends on what type of drug is involved as well as whether or not any additional charges are applicable. Generally speaking, possession of 4 grams or more of certain controlled substances can result in felony drug charges in Texas.

What does constructive mean in law?

In legal terms, constructive means something that exists due to circumstances rather than direct action. Constructive possession is an example of this concept – it involves having intent and control over something without actually possessing it directly.

What is the fleeting possession rule?

The fleeting possession rule is a legal principle that states that short-term physical possession or control of contraband (such as drugs) without knowledge or intent does not constitute actual or constructive possession. Therefore, if a person briefly handles contraband but does not mean to keep it or use it themselves, they cannot be found guilty under this rule.

What is constructive presence in criminal law?

Constructive presence in criminal law refers to a situation where an individual is present at the scene of a crime while knowing that it will take place even though they did not participate directly. Constructive presence is treated differently than actual involvement; however, both can still lead to serious consequences if an individual is found guilty.

Sources

The specific elements required for a conviction of actual possession and constructive possession can vary depending on the jurisdiction and the particular statute involved. However, the general factors outlined above are widely recognized in criminal law.

For example, the Texas Penal Code § 1.07(39) defines “possession” as “actual care, custody, control, or management.” This definition indicates that possession requires physical control or dominion over the object or substance.

Similarly, the Model Penal Code, used as a basis for criminal codes in many jurisdictions, defines “possession” as “having physical possession or otherwise exercising dominion or control over tangible property.” This definition includes both actual and constructive possession.