In Pennsylvania, drugs or other controlled substances do not have to be found on you for you to be charged with drug possession. You can face drug possession charges even if you do not physically possess an illegal substance. This is what constructive drug possession entails.
For instance, you could be charged with drug possession for drugs found in your home, vehicle or another space you have access to. However, the prosecution must prove certain elements for a conviction.
Essential components of constructive possession
Your mere presence in a location where drugs are found is insufficient for proving constructive possession. The prosecution must link you to the drugs by demonstrating your ability to exert control over the drugs and the intent to do so. This may involve showing the drugs were found within your personal belongings or that you had exclusive access to their location.
For example, suppose drugs were located in your vehicle. The prosecution could demonstrate you were the only person with access to that vehicle or was acting nervously when law enforcement approached. These factors can collectively help establish constructive possession, as they allow the prosecution to argue that you were more likely than not in control of the drugs.
The potential legal penalties
Constructive drug possession can carry serious consequences if you are convicted, including significant fines and imprisonment. The severity of the penalties depends on the particulars of your offense, such as the type and amount of drugs involved, among other factors unique to your case.
Facing constructive possession charges can be overwhelming due to the legal complexities and high stakes involved. It emphasizes the importance of seeking experienced legal guidance to navigate the criminal justice system and protect your interests.