You may assume that because you aren’t found with drugs physically in your possession, you won’t be charged with a drug-related offense. However, this is not necessarily, true. Many are unaware of the fact they may be charged on the grounds of “constructive possession.” If you’ve never heard of this before, you’ll want to keep reading to learn more about what this means and why it’s critical to connect with a Houston drug crimes defense attorney who can help represent you during this time.
What Is Meant By Constructive Possession?
In Texas, there are two kinds of possession charges you can face for drug offenses. The first is what most people think of – actual possession. This is charged when the police find drugs on your person, like in your pocket or in a purse you’re wearing on your shoulder. Actual possession means no one else can easily or equally access the substances in your possession.
However, if the drugs are not found on your body or in your actual possession, you can face charges of constructive possession. This occurs when the police find substances in your general vicinity. Generally, this means that multiple people have access to the drugs. For example, if you are in a car with three other people when the police pull you over, they may see a bag of drugs on the floor of the car. Because the drugs aren’t directly on your person, the police cannot charge you with actual possession, but instead constructive possession.
To be charged with constructive possession, the police must have reason to believe you knew of the illegal drug’s presence and that you are in control of the substance, even if the drugs aren’t yours. Simply being near the drugs is not enough to warrant a charge against you, however.
What Should I Do if I’m Facing Drug-Related Charges?
If you have been charged with constructive possession, it’s important to understand that these charges, though difficult for the prosecution to prove, can lead to intense consequences for those convicted. As such, it is in your best interest to connect with an experienced attorney who can help represent you during these complicated matters.
Unfortunately, depending on the circumstances of the drugs in your possession, you will likely face serious charges. In Texas, the charges you will face rely on the type and amount of controlled substance you are charged with. At a minimum, however, you can face a state jail felony if you are discovered with a Schedule I-V substance.
As mentioned, proving constructive possession can be challenging for the prosecution. However, this does not mean it’s not possible. That’s why it’s in your best interest to connect with an experienced drug defense attorney who can represent you during these matters. The team at the Gonzalez Law Group is ready to assist in defending you if you are facing a constructive possession charge. Connect with us today to learn how we can help you.
