Are you one of those people who believe that if there are no drugs, there is no crime? Do you think that if the police show up and find nothing, everybody goes home free? Well, do not get fooled by those movie scenes where drug users dump their stashes in the toilet. Even if you are caught with no drugs on you, a possession charge is very possible.
Fictional Possession
The law has a theory of constructive possession. A suspect does not have to physically have something on them in order to possess the property. For example, a car owner can be inside a store shopping but still be responsible for their car parked out front, right?
The same thing applies to drug possession. If the police can find a way to prove that you had, will have, or would have had control of drugs, then they can make a constructive possession arrest.
Here are some possible examples:
- In the Vicinity
Think about it. On those reality cop shows, the suspects always take off running through the woods. The police catch them and perform a body search. Nothing turns up, of course. Then, another officer looks around and sees a cellophane bag over in the bushes.
This scenario will likely wind up with a constructive possession arrest. No one else is in the vicinity of the drugs except the person suspected beforehand.
- Sitting in a Car
Another example would be some friends sitting in a car. The police arrive and start searching. One of the occupants gets caught with an illegal substance.
If the person caught happens to be a minor, the police could be less than willing to accept that they are fully to blame. Perhaps the adults used a degree of pressure to get the younger friend to physically hold the drugs. The police could very well make multiple possession arrests, along with some sort of child endangerment charges.
- Owning a Drug Lab
Those who create synthetic drugs are always in danger of possession charges. Quite often, these people mistakenly believe that they cannot be arrested unless they have completed the chemical process. Wrong answer.
The police can make an arrest based on the fact that someone has the means of creation. Society has deemed it better to stop drug production before it begins rather than waiting for the final product.
- Holding Paraphernalia
"That is just my pipe," says the soon to be in custody recreational pot smoker. Actually, the police know full well what the pipe is used for. They will perform a residue test, which will likely end up with the owner receiving a possession charge.
Get Legal Advice Now
As seen here, there are many ways in which someone who does not have any drugs on them can still wind up in jail for possession.
If you are facing such a charge, the best thing to do is seek the advice of an experienced drug defense attorney as soon as possible. This professional can help formulate a legal strategy that might prove possession is not a fair charge in your case. Visit websites like http://www.kasselandkassel.com to learn more.
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