Actual possession charges occur if you are found by police and appear to
have direct, physical control over drugs or other illegal substances.
Constructive possession deals with access to and knowledge of the drugs
Constructive possession happens when you do not have physical possession
of a drug, but do have:
- Knowledge of the drug's presence on or around your property.
- The ability to maintain dominion or control over the illegal substance.
Individuals and groups can both be charged with constructive possession
for the same substance. For example, 2 people can be charged for the same
bag of cocaine if they are living in the same house. Simply being close
to a drug or controlled substance is not enough to warrant a constructive
How Is “Knowledge” and “Ability to Maintain Dominion
& Control” Defined?
Under constructive possession laws, knowledge is defined as:
- Awareness of the substance on or around your property. This awareness can
be inferred from incriminating facts or circumstances.
- Knowing the illegal status of the drug or substance.
A person’s ability to maintain dominion and control can be interpreted
differently in each state. Usually, a person will be charged with constructive
possession if they knowingly had the power and intention, either directly,
indirectly, or through another person, to control the whereabouts of the
Our Drug Possession Attorney Is Ready to Help You
Both types of convictions can result in jail time, expensive fines, and
a criminal record that will follow you well into the future. Drug-related
charges are extremely fact-specific, which is why you should hire experienced
legal representation if you are facing possession charges.
At The Law Offices of Daniel J Miller, we provide our clients with exceptional
legal guidance tailored to their unique needs. Our drug possession lawyer
can help navigate you through the complexities of the legal system and
get you the justice you deserve. We are here for you when you need us most.
Call (757) 517-2942, or contact our Virginia Beach drug possession attorney
for your free consultation.