What is Constructive Possession in Indiana?
Drug possession charges in Indianapolis can range from misdemeanor charges to serious felony charges. The severity of possession charges a person faces will depend on the type and amount of the substance, the person’s criminal record (including past convictions), and any other aggravating or enhancing factors that could result in steeper charges and accompanying penalties. It is important to know that there are several statutes within the Indiana Code concerning the possession of a controlled substance or a controlled substance analog, depending on the type and schedule of the controlled substance. All are listed under IC 35-48-4-0.1 et seq.
Under Indiana law, it is also critical to know that you can face drug possession charges for actual possession or constructive possession. What is the difference between the two kinds of possession charges? Our Indianapolis drug defense lawyers can explain in more detail.
Actual Possession and Drugs Found On Your Person
The term “actual possession” refers to a situation in which drugs were actually found on your person. For example, you may have been searched while you were walking as part of a stop and frisk, or you might have been searched in connection with an arrest for another criminal offense under the Indiana Code. When you are facing charges due to actual possession after drugs were found on your person, this means they were in a pocket of your clothes, for example, in a shoe, or in your hand.
When drugs are found in any other place and you are arrested because of your connection with the location, this is known as constructive possession.
Understanding Constructive Possession and Individual Liability
When a person is charged with possession of marijuana or a controlled substance because of constructive possession, this means that drugs were found in a location that law enforcement believes you had control over, but not directly on your person. For example, constructive possession cases often involve drugs in a house, in a vehicle, or in a bag.
Constructive possession cases can be more difficult to prosecute — which can be good news for you if you are facing charges — because the prosecutor will need to prove more than actual possession. The prosecution will need to prove that you knew about the presence of the drugs and that you were able to exercise control over the area or space where the drugs were present. Accordingly, if you share a vehicle with a roommate or your teenage child, for example, even though you might have had control over the vehicle, you may not have known drugs were present and that may be used as a defense in your case.
Contact an Indianapolis Drug Crime Defense Lawyer for Help Today
Facing drug crime charges can be one of the most anxiety-inducing experiences of a person’s life, especially if they are facing charges due to constructive possession. Regardless of whether you knew about the controlled substances or not, it is possible to build a strong defense with help from a lawyer. One of the experienced Indianapolis drug crime defense attorneys at Rigney Law LLC can speak with you today to learn more about your circumstances and to begin working with you on a defense strategy that is tailored to the facts of your case. Contact our firm to learn more about the drug crime defenses we handle and how we can help you with the charges you are facing.
Source:
law.justia.com/codes/indiana/title-35/article-48/chapter-4/