In Arizona, you can be charged with possession of drugs found in your car or home, even if they belong to someone else, under the legal concept of constructive possession. The legal concept that enables this is known as constructive possession. Unlike “actual possession,” which refers to a person physically holding or carrying an illegal substance, constructive possession pertains to a person having control over a location or an item where drugs are found, even if they aren’t physically on them.
This can be a challenging situation, as you may be facing serious felony charges for something you were unaware of. It is imperative to understand how prosecutors build these cases and what defenses are available to you.
What is Constructive Possession?
In essence, constructive possession refers to the concept that an individual can be charged with possession even if they do not have a controlled substance on their person, provided they have the power and intent to control it. To establish constructive possession, a prosecutor must demonstrate two key elements:
- Knowledge: You were aware of the presence of the drugs.
- Control: It is important to note that you had control over the location where the drugs were found.
This is an area where cases can become complex. The prosecution may attempt to demonstrate your awareness and involvement through circumstantial evidence, such as the location of the drugs, your behavior, and any statements you may have made to police.
Common Scenarios and How They’re Handled
The concept of constructive possession often comes into play in real-world scenarios.
Drugs Found in a Shared Car
If you were driving a friend’s car and drugs were found hidden in the glove compartment, you could be charged if prosecutors can show you knew about them and had control. This is different from DUI — constructive possession charges don’t require you to be under the influence. The prosecutor would then attempt to demonstrate your awareness of the drugs based on factors such as whether the glove compartment was open or if you made any statements that indicated you were aware of them.
Drugs Found in a Shared Home
This is another common situation. Should law enforcement officials discover illegal drugs in a communal area of your residence, such as the living room, you and all of your roommates could be held liable. The onus would then shift to the prosecution to demonstrate your awareness and control over the drugs. An experienced Flagstaff drug defense attorney would seek to establish that the drugs were under the ownership of another party and that you were unaware of their presence.
Defending Against Constructive Possession Charges
While facing a constructive possession charge can feel unjust, there are robust defense strategies that an experienced legal team can employ. At Antol & Hance, our approach is centered on undermining the prosecution’s case by challenging their claims of knowledge and control.
Challenging the Search
A primary defense strategy is to argue that the search that led to the discovery of the drugs was illegal. If the police do not possess a valid search warrant or probable cause to search your car or home, the evidence may be suppressed. Should the evidence be suppressed, the prosecutor’s case would likely be dismissed.
Disputing Knowledge
It is possible to argue that you were unaware of the drugs’ presence. This is often done by presenting evidence that the drugs belonged to another person, such as a roommate or passenger. We can emphasize that the drugs were strategically concealed or placed in a location that would have been difficult to detect.
Challenging Control
Furthermore, it can be argued that you did not have exclusive control over the area where the drugs were found. In a shared car or home, multiple people have access to the same spaces. An attorney can present evidence that other parties had equal or greater access to the area, making it difficult for the prosecution to prove that the accused had sole control.
The Importance of an Experienced Attorney
Being charged with constructive possession is a serious matter, and the penalties for drug-related felonies in Arizona are severe. It is imperative to retain a defense attorney who possesses a thorough understanding of the intricacies of these laws and has the ability to challenge the prosecution’s case effectively.
If you are facing constructive possession charges, it is critical to seek legal counsel immediately. For more information or to discuss your case, please contact our Flagstaff office for a free and confidential consultation.