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FAQ: Actual Possession Vs Constructive Possession of Drugs

Home » Drug Charges » FAQ: Actual Possession Vs Constructive Possession of Drugs

The Difference Between Actual And Constructive Possession Of Drugs

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.

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 & Associates in Orlando, we provide caring, committed and capable defense against all types of drug possession charges. Our firm is led by a former prosecutor who knows the government’s strategies from the inside out. Our team is ready to build a strong case for your defense.

You have one chance to fight. Call 407-246-0066 for a free consultation.

Two Different Charges, Both With Serious Consequences

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.

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, our founder, Corey I. Cohen, knows what the burden of proof is for prosecutors. His legal team 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 & Associates today by calling 407-246-0066. Don’t put it off. Your future  is too important to delay seeking legal counsel.

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