In Maryland, you can face drug charges even if the police didn’t catch you with the drugs on your person. Authorities may still claim you had “constructive possession” of the drugs or illegal substances. While this may sound scary, it may open up more ways to defend yourself.
What exactly is constructive possession?
Constructive possession occurs when a person has indirect control over illegal substances. This concept applies even if you are not physically holding the drugs. Examples of scenarios where you may get charged with constructive possession include:
- Drugs found in your car’s glove compartment or trunk
- Narcotics discovered in your workplace
- Illegal substances hidden in a shared living space
- Drugs found in a storage unit under your name
Meanwhile, actual possession means the drugs are physically on you – perhaps in your pocket or bag. This scenario presents a straightforward case for prosecutors.
The challenge of proving constructive possession
Constructive possession charges are usually more difficult as it places the burden of proof on the prosecution. They must establish:
- You knew about the drugs’ presence
- You have control of or access to the drugs
- Your relationship to the property hiding the drugs
- You intended to possess or distribute the substances
Prosecutors often rely on circumstantial evidence to establish constructive possession. This evidence may include witness testimonies, fingerprints or financial records linking you to the drugs.
Exploring possible defenses for constructive possession
Constructive possession cases often give you more potential avenues for defense. Effective defense strategies usually focus on challenging the prosecution’s evidence of knowledge and control. An experienced attorney may help you prove:
- You were unaware of the drugs’ presence
- The drugs belonged to someone else
- You lacked access or control over the area where drugs were found
Protect your rights with experienced legal counsel
Drug charges have serious consequences. Working with a trusted legal professional can make a significant difference in the outcome of your case. An experienced attorney can analyze the specifics of your case and develop a robust defense strategy to protect your rights and help you achieve the best possible outcome.