Can You Be Charged with Drug Possession If You Had Nothing on You?

Wait, how is that possible? If the drugs weren’t on you, how can you get charged with possession? It sounds crazy, but it’s a very real situation that can land you in serious legal trouble. It’s called constructive possession, and it’s a tricky legal concept that prosecutors can use to charge you with a crime even if you weren’t caught holding any illegal substances.

At The Nieves Law Firm, we’re no stranger to these complex cases. We’ve helped countless clients in the Bay Area fight back against constructive possession charges, and we’re ready to bring our A-game to your case too.

So, what exactly is constructive possession, and how can it impact you? Let’s break it down.

What is Constructive Possession?

In simple terms, constructive possession means you can be accused of possessing drugs even if they weren’t physically on you. Basically, if the cops find drugs in a place that’s connected to you, like your home, your car, or your storage unit, they can try to pin a possession charge on you.

To make it stick, the prosecution has to show a few key things:

1. You knew the drugs were there
2. You knew they were illegal drugs
3. You had the power to control the drugs or the place they were found

So, if your roommate had drugs stashed in your shared living room, or if your partner had drugs in the glove box of the car you both use, you could find yourself in hot water even if you never touched the stuff.

How Prosecutors Prove Constructive Possession

Constructive possession cases are all about circumstantial evidence. The cops and prosecutors will look for any clues that tie you to the drugs, even if it’s not as clear-cut as catching you red-handed.

They might try to use things like:

• Something you said to the cops that implied you knew about the drugs
• Witnesses who can testify about your connection to the place the drugs were found
• Any evidence that links you to the location, like your name on a lease or utility bills
• How close the drugs were to your personal belongings
• If you tried to run or hide when the cops showed up

But here’s the thing – just because drugs were found near you or in a place tied to you doesn’t mean it’s game over. The prosecution still has to prove beyond a reasonable doubt that you knowingly possessed those drugs. And that’s where having a fierce criminal defense lawyer in your corner can make all the difference.

Fighting Back Against Constructive Possession Charges

When you’re up against constructive possession charges, you need a legal team that’s ready to fight tooth and nail for you. That’s exactly what you’ll get with The Nieves Law Firm.

Our savvy attorneys will pick apart the prosecution’s case and look for any way to poke holes in their arguments. We might challenge the legality of the search that led to the drugs being found, argue that you had no clue the drugs were there, or show that even if you knew about them, you couldn’t access or control them.

We’ll also put the evidence under the microscope. If there are witnesses against you, we’ll grill them on their credibility. If there’s forensic evidence, we’ll make sure it’s legit and assess the strength of lab results. We’ll do what it takes to expose weaknesses in the case against you.

Real Results Against Tough Charges

At The Nieves Law Firm, we know how to get the job done when it comes to drug possession cases.

Check out a few of our recent wins:

• A client facing felony charges for possession for sale after TSA found pounds of marijuana in their luggage. We fought hard and got the case dismissed outright.
• A client was charged with possession of a controlled substance. We filed a series of strategic motions that led to a favorable deal – a three-month deferred prosecution and dismissal with just 25 Narcotics Anonymous classes.
• A client looking at misdemeanor possession charges with potential immigration consequences. We worked diligently and got the case dismissed.
• A client was charged with Federal drug and gun sales. We were able to convince the court to deviate from Uniform Sentencing Guidelines that would have required in-custody time and secured probation and an ankle monitor.

Take to a Bay Area Criminal Defense Lawyer

Constructive possession is a way for prosecutors to slap drug charges on you even if you have nothing on you. But remember, an accusation isn’t a conviction. You’ve got rights, and you deserve a legal team that will defend them relentlessly.

If you’re facing possession charges based on constructive possession in the Bay Area, don’t wait – call The Nieves Law Firm now. Once you’ve hired our firm, we’ll sit down with you, hear your story, and start building a hard-hitting defense strategy right away. Your first 30-minute call is free, so you’ve got nothing to lose and everything to gain.

At The Nieves Law Firm, we’re not afraid to take on the toughest drug cases and fight for the best possible outcome. We’ll work to protect your freedom and your future. So don’t roll the dice with your rights – get The Nieves Law Firm on your side today.