Criminal possession is when you have illegal items under your control. In order to be found guilty, you must have knowledge of the item and the ability and intent to exercise control over it. Constructive possession is when the item is not on you physically. It’s not in your hand, your pocket or your purse. You can constructively possess something that is miles away from you. Constructive possession of a firearm or constructive possession of drugs are two common crimes. If you’re wondering how to beat a constructive possession charge, look to the elements of the crime. 

We might be able to argue that you had no knowledge of the contraband. Let’s say you’re the passenger in a car where drugs are found under the seat. We could successfully argue that you had no idea they were there. Similarly, we could argue that even if you knew they were there you didn’t have the ability or intent to control them. Perhaps you knew that someone else had them in the car but you weren’t part of buying them and didn’t have any plans to consume them. 

A good constructive possession defense begins with the facts of your case. We will work with you to get your side of the story so we can protect your rights.