What is “Constructive Possession” As It Relates to Georgia Drug Charges?
They say “possession” is nine-tenths of the law. It’s true that there has been a lot of consideration given to the matter of possession under the law. It sometimes happens that a Georgia resident is charged with drug possession when the drugs were found on the person of another individual or in a neutral place within a car or house that several people have access to. If the drugs were found in a neutral location, every individual in the car could be charged with “possessing” the drugs if no one comes forward to claim the drugs as their own. This is known as “constructive possession” under Georgia criminal law. It allows prosecutors to bring charges against suspects even if the suspect did not have direct physical control over the drug. As a defendant, it’s important to understand how this rule operates. In this article, the Smyrna, GA, drug possession attorneys at Andrew L. Schwartz, P.C., will discuss constructive possession under Georgia law.
What is constructive possession under Georgia law?
Under the Georgia criminal code, constructive possession is a legal doctrine allowing prosecutors to charge a suspect with possession of an illegal item (usually drugs or guns) when that item is not found somewhere on their person. Essentially, doctrine expands the definition of “possession” to include an item that is not under the direct physical control of any person. It is often a pivotal element in many drug and weapons prosecutions.
Constructive possession of an illegal item occurs when an individual does not have actual physical control of the item but has the “power and intention” to control it. To prove that a defendant constructively possessed an illegal item, a prosecutor must demonstrate that:
- The defendant has knowledge of the item’s presence
- The defendant has the power to exercise control over the item
- The defendant has the intent to exercise control
For example, if illegal drugs are found underneath the seat of a car that has been pulled over, police can charge everyone in the car with possession of the illegal drugs until one person fesses up and declares that the drugs belong to them. This is a common example of constructive possession.
Ultimately, the doctrine of constructive possession allows law enforcement to cast a wider net in drug and weapons cases. Anyone can find themselves jammed up on charges of drug possession even if they weren’t aware that there were drugs in the vehicle they’re traveling in. Nonetheless, a prosecutor must prove that a defendant had knowledge of the illegal drugs to win their case against the defendant. As a result, these cases often rely on circumstantial evidence, making them somewhat controversial. Prosecutors can establish constructive possession by arguing that the illegal item was near the individual being charged. They can also argue that the defendant had access to the location where the illegal item was found. Prosecutors can use evidence of past drug charges to establish that you are the kind of person who would have illegal drugs in your car. Ultimately, you will need an experienced attorney to fight charges of constructive possession in Georgia.
Talk to a Smyrna, GA, Drug Possession Lawyer Today
Andrew L. Schwartz, P.C., represents the interests of those charged with drug possession in Cobb County. Call our Cobb County criminal lawyers today to schedule an appointment, and we can begin preparing your defense right away.
