What is Constructive Possession?

One may assume they are in the clear because they were not found with drugs physically in their possession. However, they may not get off scot-free. Many are unaware that they can be charged with “constructive possession.” If you are facing drug charges in New York, it’s crucial to understand the difference between actual and constructive possession. While these are different types of drug charges, both offenses can have far-reaching consequences. However, taking the proper steps, understanding your rights, and working closely with an experienced Rockland County Drug Possession Attorney can improve your chances of achieving a favorable outcome. Please continue reading to learn when you can face drug charges for constructive possession of controlled substances in New York. 

What is Constructive Possession of Drugs?

In New York, actual possession of drugs and constructive possession of drugs are two different types of drug charges. A conviction on either offense can result in serious penalties, including hefty fines, jail time, and a permanent criminal record. As such, both drug charges require quality legal representation from a criminal defense attorney.

Actual possession is charged when law enforcement finds drugs on your person. This can include carrying an object in your pants pocket, in a purse you have on your shoulder, etc. This type of possession refers to when no one else can easily or equally access the controlled substances in your possession.

Constructive possession, on the other hand, occurs when an individual does not have actual physical possession of controlled substances but knows of their presence on or about their premises and can exercise and maintain control over the drugs. Essentially, the drugs are not directly in your possession, but they are in your general vicinity. For example, if you are in a car and the police stop you and execute a search warrant revealing drugs in the glove compartment, you can be charged with constructive possession. Therefore, you can face drug charges even if controlled substances are not found in your physical possession.

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

Navigating the legal system alone can be overwhelming, especially when facing drug-related charges. With your freedom and future at stake, it’s in your best interest to enlist the help of a determined Rockland County drug possession attorney who can defend your rights. Our skilled legal team will examine the evidence against you, explore potential defenses, negotiate on your behalf, and represent you in court if the case proceeds to trial.

At The Law Office of Carl Spector, we are prepared to help you explore all available options to protect your future. If you are facing drug charges in New York, please don’t hesitate to contact our legal team today to discuss your case.