What is Constructive Possession?

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    illegal transport of drugs. close up of addict narcotics dose marijuana, arrested drug dealer. A police officer finds Little Bag Of Drugs

    It’s commonly assumed that if you are not found with drugs physically in your possession, you can’t be charged with a drug-related offense. However, this assumption isn’t necessarily true. Many individuals are unaware that they can face serious criminal charges on the grounds of “constructive possession.” As such, it’s crucial to understand what this legal concept means and how it can affect the outcome of your case. Please continue reading to learn more about this legal concept and how our determined Garden City, NY, Drug Crime Attorneys can help you craft a robust defense strategy to protect you from an uncertain future. 

    What is Constructive Possession of a Controlled Substance?

    In New York, there are two types of possession charges for drug offenses. The first is actual possession, which is charged when law enforcement officers find drugs on your person, and no one else has equal access to the drugs found. This can include carrying drug paraphernalia in your pants pocket, in a purse you are wearing on your shoulder, or attempting to cancel them elsewhere on (or in) your body.

    Nevertheless, even if drugs are not found in your physical possession, you can still face drug-related charges for construction possession. This occurs when law enforcement officers find drugs in an area near your person. Generally, this means that there are multiple people with knowledge and access to drugs. For instance, this may be the case if you are in a vehicle that is stopped by police and a search reveals drugs in the glove compartment. It’s important to note that the law recognizes the joint passion of drugs, meaning two people can simultaneously “possess” the same drug and be charged. Therefore, if the police pull you over and a search is executed that reveals drugs in the glove compartment, you can’t be charged with actual possession as the drugs are not directly on your person. However, you can be charged with constructive possession as drugs are in your general vicinity.

    What Should I Do If I’m Facing Drug-Related Charges?

    If you have been charged with constructive possession in New York, it’s important to understand that your consequences will be severe, ranging from steep monetary fines to potential jail time. However, understanding your rights and options can maximize your chances of a favorable outcome. When facing drug-related charges, it’s essential to enlist the help of an experienced criminal defense attorney who can help you explore available defenses.

    At KCS Law, we are prepared to represent your needs and explore all legal means to lessen the charges or have them dismissed. If you are facing drug-related charges, please don’t hesitate to contact our legal team today to learn how we can assist you.

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