Facing drug-related charges can have a serious impact on your life. Unfortunately, many assume they need to be found with a controlled substance physically on their person to face a charge, which is far from the truth. In reality, if you are discovered with drugs near you, you may face a constructive possession charge. If you’ve never heard of this before, it’s in your best interest to keep reading to learn what you must know about this crime, how it’s charged, and why it’s imperative to connect with a Cobb County drug possession lawyer for additional assistance during these complex times.
What Is Constructive Possession?
Constructive possession is a term used to describe one of two possession charges someone can face in Georgia. The first is what most people think of when they hear someone was arrested for drug possession, as this is actual possession. Essentially, this means you were found with the drugs on your person, such as in your pocket, hand, or a purse on your shoulder.
However, constructive possession occurs when you are found in the vicinity of drugs. For example, if you and three friends are in a car and are pulled over by police who see a bag of drugs on the floor of the back seat, you may all be charged with constructive possession. This is because you all have equal access to the substance.
It’s important to understand that proximity to the drug is not enough for a conviction to stick. To prove someone guilty of constructive possession, the prosecution must prove the individual knew the drugs were in their vicinity, knew the drugs were illegal, and had actual control over the substances.
What Should I Do if I’m Facing a Drug-Related Charge?
If you are facing charges for drug possession, it’s important to understand that the penalties you can face if convicted can be intense. Though proving constructive possession can be challenging for the prosecution, it’s important to understand that most drug possession offenses can result in felony charges and a minimum of one year in jail. As such, doing what you can to show that you were not in possession of the substances is critical.
When you are charged, it’s vital to ensure you obtain legal representation for these matters. Unfortunately, trying to prove that you are innocent of a drug possession charge on your own can often result in less-than-ideal outcomes. As such, working with an attorney may be able to help you craft a defense to protect yourself during these times.
If you’re in legal trouble, the team at Miller Law Practice, LLC, can help. Our team understands that facing a charge for drugs you don’t own can be devastating, which is why we are ready to assist you. Connect with us today to learn how our firm will do everything possible to fight for you during these complex legal matters.