WICHITA,
Kan., July 30, 2024 /PRNewswire/ -- For most
people, understanding drug possession laws can be confusing;
however, it's important to know the differences between physical
and constructive possession, as these distinctions can impact your
charges and your defense. Jonathan W.
McConnell, our founding drug crimes attorney in Wichita at the McConnell Law Firm, has years
of experience defending clients with drug-related charges and is
detailing the difference between physical and constructive drug
possession. Don't get caught out of the loop—find out what you need
to know before it's too late.
Physical Possession
Physical drug possession refers to illegal substances found
directly on your person. For example, any drugs found in your coat
pocket, inside your backpack, or openly in hand would constitute
physical possession. Physical possession cases often rely heavily
on the presence of the drugs and the circumstances under which they
were found, making them oftentimes more straightforward for law
enforcement and prosecutors.
Constructive Possession
Constructive drug possession is more complex than physical
possession, as it can occur when an individual is not in actual
physical possession of drugs. Constructive possession is based on
awareness, and individuals with knowledge or awareness of drugs in
their presence can be charged. For instance, if drugs are found in
the glove compartment of a car you are driving or in a shared
apartment, you could be charged; however, prosecutors must still
prove that you knew about the drugs and intended to control
them.
"Constructive possession often involves circumstantial evidence,
such as the location of the drugs, ownership of the property where
the drugs were found, and any incriminating statements or
behaviors," said Jonathan W.
McConnell, founding drug crimes attorney at the McConnell
Law Firm. "Testing evidence for fingerprints or DNA can help
indicate proof of knowledge, but ultimately, the outcome will
depend on location and other variables."
Can I Be Charged as a Passenger?
A common concern for passengers in a vehicle where drugs are
found is whether or not they may face possession charges. The short
answer is that, yes, you can potentially be charged with
constructive drug possession, but it will depend on many different
variables. If drugs are found in the car, police might charge
everyone in the vehicle with possession, should no one admit the
drugs are theirs. However, to receive a conviction, they will need
to prove you knew about the drugs and had control over them. Simply
being in the car doesn't automatically mean you'll be charged.
"If you're ever pulled over or found in a location where drugs
are discovered, the best thing you can do is not admit to law
enforcement that you have any knowledge of the drugs," said
McConnell. "Then contact an experienced drug crimes attorney in
your area as soon as possible."
Have You Been Accused?
If you need assistance with a drug charge, we encourage you to
contact the McConnell Law Firm as soon as possible. While every
case is different, and no conclusions should be drawn without first
consulting a drug crimes attorney in Wichita about the specifics of your case, it
is always in your best interest to have a skilled attorney by your
side from the beginning.
Request a Free Consultation
Do you or a loved one need the assistance of an expert drug
crimes attorney in Wichita? We
encourage you to contact the McConnell Law Firm at (316) 243-5903
for a free consultation.
jonathanwmcconnell.com
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SOURCE McConnell Law Firm