Understanding The Basics Of Drug Possession Charges

Being charged with drug possession for any reason can be a difficult event, and the process of defending yourself can seem useless and impossible. If you've recently been charged despite the drugs not being yours, it's important that you understand how those charges came to be and what you can do about them. Here's a look at some of the information that can help you determine how to deal with the situation.

Proving Ownership

One of the most common things that many law enforcement and court officers hear is the claim that the drugs don't belong to the person caught with them. Unfortunately, this is a common excuse, even when the drugs do belong to the person who has been arrested. As a result, claiming that the drugs aren't yours isn't going to have a significant effect on the charges.

If the drugs aren't yours, you will have to prove that in court. You'll need the help of a criminal drug defense attorney to do so. It's better that you not try to do this on your own because the legal waters can be difficult to navigate without experience.

Different Classes Of Possession

What many people don't realize is that there are charges they can face even if the drugs didn't actually belong to them. There are a few different charges you should understand before you try to formulate your defense.

1. Possession: This is the typical, fundamental possession charge. To be charged with possession, you have to be in personal control of the drug. To be considered in personal control of the drug, you must be found with it in your pocket, purse, or jacket.
2. Constructive Possession: This is a different form of possession that doesn't require you to actually have physical possession of the drugs. In this case, the drugs can be stored somewhere over which you have full control and access. For example, constructive possession could be the charge when drugs are found in a lock box, vehicle, or locker to which only you have the keys.
3. Joint Possession: A joint possession charge is what occurs when the police find drugs in a place where there is joint ownership, such as in a home that you own jointly with your spouse. In those situations, it is impossible to determine which one of you actually own the drugs, so you're both charged with joint possession.

Things That Must Be Proven

In order for a drug possession charge to stick, there are certain things that must be proven in court. These are the things that your defense attorney will focus on to try to prevent your conviction. For example, the prosecutor has to prove that you knew about the drugs and that they were in your possession. They also must prove that there was enough of the drugs present that they could be used. This means that you can't be charged with possession for drug residue.

There are several reasons why this is important. First, if you are pulled over in a car with several other people and there are drugs found in the car, the police might arrest everyone until they can determine who actually owns the drugs. Further, they often hope that doing this will lead to at least one person turning on the others and declaring who the drugs actually belong to.

Your criminal drug defense attorney will gather all of the facts and help you form a defense against the charges, especially if the drugs weren't yours to begin with. It is important that you contact an attorney at a law firm like The Mitchell Law Firm right away if you are arrested, because the sooner your attorney starts working on your behalf, the better your chances are of beating the charges.