Constructive possession is a term often used in the legal field, especially in terms of criminal offenses. You can be arrested and charged with various crimes based on “constructive possession” as opposed to actual possession. It is important to understand what these terms mean and how constructive possession can lead to an arrest and conviction of a crime in the criminal justice system.
If you are facing an arrest and charges for an offense based on constructive possession in or around the greater Knoxville area, you should seek trusted criminal defense representation as soon as possible. At Eldridge & Blakney, PC, you can bring your case to an experienced trial lawyer. Our distinguished Knoxville legal team brings 55 years of collective legal experience and full commitment to your case. We understand how deeply impacted your life can be from any criminal charge, whether it is a first offense for a minor misdemeanor or a more serious felony.
What Does Constructive Possession Mean?
The legal definition of constructive possession means that you have control over something without having actual physical possession of it. This constructive possession could mean that the objects or material were being held in places under your control, such as your vehicle, your home, your office, or a locker or some other item for which you had the key. This “constructive” possession puts you at risk for arrest and conviction as if you had actual ownership of the stated objects or material or as if they were found on your person or in your hands.
Examples of constructive possession include (but are not limited to) the following:
- Cocaine or some other illegal drug was found in the trunk of your car after being stopped by law enforcement
- As a minor, you were found driving a car with passengers who were drinking alcohol as you drove
- Car keys to a stolen vehicle were found in your bedroom bureau
- It was discovered that you used the credit card information stolen from someone to purchase merchandise while you did not have actual possession of the card
- Your backyard shed was found to contain the chemicals and equipment used to manufacture methamphetamine
- Your garage was found to contain stolen goods from a local merchant
- You were found to have used the stolen identification of another to fraudulently obtain credit
Constructive possession is often used in drug arrests and charges. This often occurs when it is asserted by law enforcement that you were part of a group who knew about and had access to the illegal substances. This could happen if you are busted at a party where drugs are being shared and used or when drugs are found through a search warrant in your home. Depending on the circumstances, however, prosecutors may not be able to prove that you had control over the drugs just because you were in their vicinity.
Arrested on Constructive Possession Charges?
If you have been arrested for any offense based on constructive possession charges, it is vital that you seek the help of a qualified defense lawyer. We urge you to reach out to Eldridge & Blakney, PC as soon as possible after your arrest so that we can immediately begin protecting your legal rights and get to work on building your defense.
Contact our firm at (865) 544-2010 for a free case evaluation. You can also reach us through our online contact firm.