What is Constructive Possession of a Drug in Cobb County?
Drug charges can have a damaging effect on your life. Most people assume that if they aren’t found with a controlled substance somewhere on their body, they cannot be charged with possession of the drug. That simply isn’t the case. The reality is, if you are discovered with drugs near you, you can face a drug charge for “constructive possession.” If this is a novel concept for you, continue reading to understand how drug charges work in Georgia.
What is constructive possession in Georgia?
The term “possession” is used to describe one of two types of drug possession charges an individual can face in Georgia. The first is exactly what you’d expect: law enforcement found drugs on your person. In other words, actual possession. The drugs were found in your pocket, hand, or purse.
Constructive possession occurs when an individual is found nearby drugs. Let’s say that you and three of your friends are driving to the rock concert and you want a little pick-me-up when you’re listening to the music. You are pulled over by a police officer who finds the back of drugs in a backpack. Everyone in the vehicle refuses to claim ownership of the backpack. The entire car full of individuals is subsequently charged with constructive possession of the drugs simply for being near them.
At this point, law enforcement does not have enough to convict you of drug possession. To prove an individual guilty of constructive possession, law enforcement must prove that the individual knew the drugs were in their vicinity, knew it was illegal to possess said drugs, and had actual control over the substances.
Defending against constructive possession in Georgia
If a police officer finds drugs in someone’s vehicle, it’s reasonable for them to assume that the drugs belong to the driver. If the driver is the only one in the car at the time the police find the drugs, then there isn’t much that the driver can say. They will be arrested on drug charges.
However, those accused of constructive possession have numerous ways to defend themselves from the charges. A defense attorney can claim that they did not leave fingerprints on the baggie and thus did not have “actual physical control” over the drugs at any point. It is also difficult for law enforcement to prove who knew what and when. Your defense attorney will do everything in their power to undermine the notion that the drugs belong to you. Prosecutors must prove that they had knowledge of the drugs and actual physical control over the drugs.
Talk to a Cobb County Drug Possession Criminal Defense Lawyer Today
Andrew L. Schwartz, P.C. represents the interests of Cobb County residents who are facing drug charges. Call our Cobb County DUI lawyers today to schedule an appointment, and we can begin working on your case right away.
