The Difference Between Actual and Constructive Possession of Drugs

While there are different reasons for charging someone in Florida with actual possession of drugs instead of constructive possession of drugs, both require effective legal representation.

The quality of your defense can affect not only the outcome of your case but also the outcome of your future. At The Law Office of Corey I. Cohen in Orlando, we provide caring, committed and capable defense against all types of drug possession charges.

You have one chance to fight. Call 407-246-0066 or contact us online.

Two Different Charges, Both With Serious Consequences

According to Florida law, it does not technically matter whether you "owned" the drugs in question. The law provides for two different charges:

  • Actual possession of drugs is when the police find the drugs on your person, in your hand and no one else had equal access to the drugs found.
  • Constructive possession of drugs occurs when law enforcement believes there are multiple people with knowledge and access to drugs. This can include if you are in a car that is stopped by police, and a search reveals drugs in the glove compartment. You could also face constructive possession charges if you are at a friend's house while police execute a search warrant and find drugs.

A conviction on either charge could mean time in jail, fines and a criminal record that can haunt you well into the future.

To convict you of constructive possession, however, the state must prove that you knew the drugs were present, knew they were illegal and had "control" over them. Mere proximity to the drugs is usually not enough to convict someone in this type of case.

A former prosecutor turned highly regarded criminal defense attorney, Corey I. Cohen knows what the burden of proof is for prosecutors. He is experienced at getting charges reduced or dismissed due to exploiting weaknesses, helping to minimize the negative consequences of charges like these.

Call for a Free Initial Consultation

We give every new criminal defense client a free and confidential initial consultation. We offer reasonable rates, and flexible payment options may be available. Contact The Law Office of Corey I. Cohen today by calling 407-246-0066. It is too important to delay.

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