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The Name You Know.
The Name You Trust.

We have deep ties to the community, we have represented clients in Southwest Florida for more than 25 years.

The Name You
Know.
The Name You
Trust.

We have deep ties to the community, we have represented clients in Southwest Florida for more than 25 years.

Photo of Ian F. Mann

What is constructive possession?

Constructive possession is a legal theory that police can use to charge an individual with possession of drugs, even if they were not physically holding them at the time of arrest. Common examples of this include drugs found in your car, house, or even a locker you use. If the Florida police have charged you with constructive possession, it is important to understand how it can affect you.

How does constructive possession affect your case?

If you are facing drug charges, understanding how constructive possession works is crucial for a couple of reasons.

  • Legal implications: Proving constructive possession relies heavily on circumstantial evidence, such as fingerprints, surveillance, or witness testimony.
  • Defense strategies: Knowing the specifics can help in forming a defense. One example of this would be proving lack of access or control over the area where police found the drugs.

Potential consequences

Being charged under constructive possession can have significant legal consequences depending on the scenario. The type and quantity of drugs found can escalate the charges from simple possession to trafficking levels.

Convictions might result in hefty fines, long-term imprisonment, and a permanent record, which can negatively affect your future employment and civil rights.

Know your rights

Understanding the nuances of constructive possession is vital for anyone facing drug charges. By understanding how law enforcement and the legal system interpret possession, you can better navigate the complexities of your case. Remember, knowledge about your legal situation empowers you to handle the challenges that come with drug charges more effectively.

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