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Constructive possession happens when someone is charged with having control over drugs, even if they aren’t physically holding them. Prosecutors in San Diego often use this legal concept in drug cases to prove possession without actual physical control. At The Law Office of Elliott Kanter, we understand how prosecutors use constructive possession and how to defend against it.
How Prosecutors Use Constructive Possession in Drug Cases
In San Diego, prosecutors frequently use constructive possession to build drug crime cases. Even if you don’t have the drugs on you, they may argue that you had the power and intention to control them—like if drugs are found in your car, home, or other places linked to you. If they prove this, you can be charged as if the drugs were in your actual possession, which can carry serious penalties.
Factors Prosecutors Use to Prove Constructive Possession
Prosecutors consider several factors to show constructive possession:
Proximity to the Drugs: Were you close enough to the drugs to have control over them? For example, if drugs are in your house or car, this can suggest control.
Knowledge of the Drugs: Did you know the drugs were there? Prosecutors must show you were aware of the presence of the drugs.
Ability to Control the Drugs: Could you control what happens to the drugs? Having access to or ownership of the location where the drugs were found can be used as evidence.
These factors can complicate drug cases, but with the right defense, you can challenge the prosecution’s claims.
Defending Against Constructive Possession Charges
If you’re facing constructive possession charges, you need to have an experienced attorney on your side. At The Law Office of Elliott Kanter, we can help you challenge the prosecution by arguing:
Lack of Knowledge: You didn’t know the drugs were present.
Lack of Control: You didn’t have the power or ability to control the drugs.
Weak Evidence: The prosecution doesn’t have enough evidence to link you to the drugs.
Contact The Law Office of Elliott Kanter for Legal Help With Your Drug Charges
If you're facing drug possession charges in San Diego, including those involving constructive possession, The Law Office of Elliott Kanter is here to help. Contact us today for a confidential consultation with a trusted San Diego drug possession attorney. Let us provide you with the legal defense you need to challenge your charges and seek the best possible outcome for your case.
