The Difference Between Actual and Constructive Possession of Drugs

When hiring the Law Office of Corey Cohen you are getting Attorneys with over 33 years combined experience in the Criminal Justice System. You get a team of highly trained Trial attorneys who have experience as both former prosecutors and defense attorneys. Our Attorneys have tried over 50 murder trials and 200 Jury Trials. There is no case too big or too small. We treat every case with the same passion and aggressiveness with our only goal being to win for you.

Actual possession of drugs and constructive possession of drugs are different types of drug charges. Conviction on either one can result in serious penalties, including jail time, heavy fines and a permanent criminal record.

Reasons vary for why an individual would be charged with either actual possession of drugs or constructive possession of drugs. Both types require effective legal representation from a defense attorney.

The quality of your defense can affect not only the outcome of your case, but also the direction 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 you, 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 might be the case 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 lawyer, Corey I. Cohen knows what the burden of proof is for prosecutors. He is experienced at getting charges reduced or dismissed by 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.