Did you know you could be charged with possession of an illegal drug, firearm, or stolen property without actually having the item on you?
There are two types of legal possession: actual and constructive. Actual possession is when you have something on you. For example, if you have marijuana in your pocket, you actually possess the weed. If the marijuana is in the center console of your car, and therefore within your reach, you constructively possess it.
Constructive possession means you have knowledge the item exists and the ability to control the item. Even if you personally do not know the item exists, you could still be arrested if it’s within your control. Often, police will arrest a person and let the court system sort it out later. For example, if you are a passenger in your friend’s car and that friend has cocaine in her purse you could be charged with possession of the coke.
Similarly, if you are a convicted felon, you should never ever get into a car that has a firearm. You could be arrested for possession of a firearm by felon even if you never even touch the gun.
Granados Law Group, PLLC handles possession charges in Wake County, Johnston and Chatham Counties. Call us at (919) 650-2851 to speak to a criminal defense attorney.
