Actual and Constructive Drug Possession

Written by:Julian Stroleny PortraitJulian Stroleny

Once you’ve been arrested or charged with Possession of a Controlled Substance, Drug or an Illegal Substance, possession has to be established to successfully convict you of the crime. There are two types of drug possession: Actual Possession and Constructive Possession. It is important to know the difference between the two since each produces a different sentencing outcome following a successful conviction. If you have been charged with illegal substance or drug possession, contact a criminal defense attorney immediately to protect your rights and take the appropriate measures.

Actual possession is simple and easy to detect. It is essentially “having physical custody or control of an object.” It is sometimes called “possession in fact” and is defined as having immediate physical contact with the object. This type of possession usually occurs when the object is found on the person.

On the other hand, constructive possession is a broader form of possession. It includes possession where the individual does not have any physical contact with the object. It is sometimes called “possession in law” and is defined as having knowledge of the object and the ability to control the object. In these types of possession, physical contact is not necessary and the object is not usually found on the person.

Possession of either kind can produce a successful conviction of a Possession of a Controlled Substance, Drug, or an Illegal Substance charge. Every state has different drug laws and each state has specific criteria used to define constructive possession. Contact experienced Miami criminal defense attorney Julian Stroleny at Stroleny Law: Criminal Defense Attorney to learn about your options and resolve any drug possession charges.

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