Constructive possession is a legal theory that states that even though you were not, at the time of your arrest, in possession of drugs, that you knew where the drugs were and intended to be in control of them in the future.
One common situation where this charge is applied is when a car is stopped for speeding and the police ask if they can search the vehicle.
The driver consents, and while patting down the passenger, the police discover drugs in the passenger’s pocket.
The allegation will be that you, the driver, knew that your friend, the passenger, had drugs, and you were likely going somewhere to use them.
It is possible to build a case that demonstrates persuasively that this isn’t true.
The important thing is to make a case based on evidence, and work from there.
If a prosecutor is facing a strong defense and there are no other charges against you, this level of work can result in the possession charge being dropped entirely.
Work with an attorney who knows how to build the right kind of case, and push back at prosecutors who are proceeding from theories, not evidence.
Call attorney Matthew Reisig today at 732-625-9661 for a free consultation with an experienced New Jersey criminal defense attorney.