What's the Difference Between Physical and Constructive Drug Possession? | Drug Crimes Attorney, Wichita

WICHITA, Kan., July 30, 2024 /PRNewswire/ -- For most people, understanding drug possession laws can be confusing; however, it's important to know the differences between physical and constructive possession, as these distinctions can impact your charges and your defense. Jonathan W. McConnell, our founding drug crimes attorney in Wichita at the McConnell Law Firm, has years of experience defending clients with drug-related charges and is detailing the difference between physical and constructive drug possession. Don't get caught out of the loop—find out what you need to know before it's too late.

Physical Possession

Physical drug possession refers to illegal substances found directly on your person. For example, any drugs found in your coat pocket, inside your backpack, or openly in hand would constitute physical possession. Physical possession cases often rely heavily on the presence of the drugs and the circumstances under which they were found, making them oftentimes more straightforward for law enforcement and prosecutors.

Constructive Possession

Constructive drug possession is more complex than physical possession, as it can occur when an individual is not in actual physical possession of drugs. Constructive possession is based on awareness, and individuals with knowledge or awareness of drugs in their presence can be charged. For instance, if drugs are found in the glove compartment of a car you are driving or in a shared apartment, you could be charged; however, prosecutors must still prove that you knew about the drugs and intended to control them.

"Constructive possession often involves circumstantial evidence, such as the location of the drugs, ownership of the property where the drugs were found, and any incriminating statements or behaviors," said Jonathan W. McConnell, founding drug crimes attorney at the McConnell Law Firm. "Testing evidence for fingerprints or DNA can help indicate proof of knowledge, but ultimately, the outcome will depend on location and other variables."

Can I Be Charged as a Passenger?

A common concern for passengers in a vehicle where drugs are found is whether or not they may face possession charges. The short answer is that, yes, you can potentially be charged with constructive drug possession, but it will depend on many different variables. If drugs are found in the car, police might charge everyone in the vehicle with possession, should no one admit the drugs are theirs. However, to receive a conviction, they will need to prove you knew about the drugs and had control over them. Simply being in the car doesn't automatically mean you'll be charged.

"If you're ever pulled over or found in a location where drugs are discovered, the best thing you can do is not admit to law enforcement that you have any knowledge of the drugs," said McConnell. "Then contact an experienced drug crimes attorney in your area as soon as possible."

Have You Been Accused?

If you need assistance with a drug charge, we encourage you to contact the McConnell Law Firm as soon as possible. While every case is different, and no conclusions should be drawn without first consulting a drug crimes attorney in Wichita about the specifics of your case, it is always in your best interest to have a skilled attorney by your side from the beginning.

Request a Free Consultation

Do you or a loved one need the assistance of an expert drug crimes attorney in Wichita? We encourage you to contact the McConnell Law Firm at (316) 243-5903 for a free consultation.

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SOURCE McConnell Law Firm