Possession

Possessing certain items is a crime. You could be facing jail time by simply having illegal items in your pocket, purse or car. In some cases, you could be sentenced to a minimum mandatory jail term. That means that a judge can’t give you probation or a suspended sentence. Jail is required.

What does possession mean? There are many ways to possess something. You can possess something if you have direct physical control or custody of it, such as by holding it in your hand or having it in your pocket. That’s the obvious example. But there are many more ways you could be found guilty of possession.

Common Possession Charges

The most frequent type of possession charges are possession of:

• A firearm,
• A controlled substance (drugs),
• Stolen property, and
• Burglarious tools.

Elements of Possession

You don’t have to be in actual physical custody to be found guilty of possessing an item. To be guilty of possession, you must have:

• Knowledge of the object,
• The ability to exercise control over that object, either directly or through another person, and,
• The intent to exercise control over the object.

https://www.mass.gov/doc/3220-possession/download

For example, you are in possession of things in your kitchen drawer at home or in the glove compartment of your car.

Mere Presence is Not Enough

Being in the same place where contraband is found is not possession. Mere presence is not enough for you to be found guilty. However, we see all the time where the police charge everyone in the vicinity of an illegal item. The thought there is to charge everybody and let it sort out in the court system.

There is a case where state troopers stopped the defendant for a cracked windshield. He was driving someone else’s car, alone, in the early morning on Route 495. He consented to a search (which is never a good idea). The troopers found over one thousand bags of heroin in the driver’s side door frame. The court ruled that merely driving with the heroin in the car was not enough for a conviction.

It is also not enough for the Commonwealth to prove that you were with someone, or associated with someone, who controlled an object. Again, it must be proved that you had knowledge of an illegal object with the ability and intent to control it.

Knowledge

Knowledge must be proven to find you guilty on a possession charge. But what is knowledge? Obviously, a jury can’t look into your mind to determine what you knew at the time. But the judge will instruct the jury to look to your:

• words,
• actions, and
• surrounding circumstances

and make inferences about what you knew. For example, if contraband is in plain view in your apartment, a jury could infer that you knew it was there.

A jury must examine what you actually knew. It is not enough for the prosecution to argue that a reasonable person would have known of the illegal object.

Intent

You must intend to control the illegal item for you to be guilty of possession. What is intent? Intent is your purpose or objective. At trial, the jury must look to your state of mind to determine your intent. Obviously, no one can read your mind. But they will be instructed to look at all the facts to determine your intent. They will infer your intent by determining what the natural and probable consequences are of your actions.