When stopped by law enforcement, you may assume that you are in the clear because no drugs were found physically in your possession. However, this doesn’t necessarily mean you won’t be charged with a drug-related offense. Many criminal defendants are unaware of the fact that they can be charged with a drug-related offense on the grounds of “constructive possession.” If you are unfamiliar with this legal concept, please continue reading to learn what this means, how it can affect the outcome of your case, and why connecting with a skilled Dallas Drug Lawyer is in your best interest when facing drug charges.
What is the Difference Between “Actual Possession” and “Constructive Possession?”
In Texas, there are two different types of possession charges you can face for drug offenses. The first is “actual possession,” which is charged when a police officer finds drugs on your person, such as in your hand or pocket. Essentially, actual possession arises when no one else can easily or equally access the controlled substance in your possession.
Contrary to popular belief, you can still face drug charges even if the drugs are not found on your person or in your actual possession. “Constructive possession” arises when a police officer finds a controlled substance in your general vicinity. Generally, this is charged when the police believe multiple people knew about and have access to the drugs. For instance, you may be charged with constructive possession if your vehicle is stopped by the police and a search reveals drugs in the glove compartment. Since the drugs are not technically on your person, the police cannot charge you with actual possession, but instead constructive possession.
To render a conviction based on constructive possession of a controlled substance, the prosecution must prove you knew the substance was present, knew the substance was illegal, and could exercise control over the illegal substance. It’s important to understand that simply being near the drugs is not enough to warrant a drug charge against you. The prosecution will need to prove these elements to charge you with constructive possession.
What Should I Do if I’m Facing Drug-Related Charges in Texas?
If you have been charged with constructive possession, it’s crucial to understand that your consequences will be severe, ranging from overwhelming fines to potential jail time. As such, it’s in your best interest to connect with an experienced lawyer who can zealously represent your interests and defend your rights.
Depending on the unique circumstances of your case, you could be looking at a felony conviction. In Texas, drug crimes are vigorously prosecuted. Therefore, you should consult a drug defense lawyer from Spangler Law, who can help formulate a robust defense strategy. Connect with our firm today to learn how we can protect you from an uncertain future.
