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2 examples of constructive possession

On Behalf of | Apr 16, 2024 | Drug Crimes |

The possession of an illicit substance is a serious crime. In Texas, a suspect who is searched and caught with illegal drugs can face up to $250,000 in fines and 99 years behind bars. Drug possession charges often lead to many more penalties and implications, such as license suspension, lost job and education opportunities and custody loss.

Not everyone who is charged with drug possession is directly in possession of a drug. A suspect could be charged with constructive possession if illegal drugs were found in a location that the suspect had reasonable access to and if they were aware of the substance.

Constructive possession can be a confusing legal theory. Here are a few examples that can help you understand the charges that may be held against you:

Drugs found in a vehicle

A suspect could have recently let a friend borrow their vehicle. This friend picked up their prescription medication but left it in the car. The suspect could have been going to drop the medications to their friend, but they were pulled over and accused of illegal drug possession because they had a prescription drug under someone else’s name.

Drugs found in an apartment

A suspect may share an apartment with a friend who has an illegal substance addiction. This friend could leave out illegal substances in the living room or kitchen. If the police had a warrant to search the apartment, they could find the drugs in plain view and accuse the suspect of possession. 

If you or someone you know is facing drug possession charges, then it is paramount that they understand their legal rights and defense options if they intend to challenge an accusation. 

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