Possession of Controlled Substance

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This is the most common type of drug related crime. You would think it is as simple as it sounds, a person having a controlled substance in their possession. However, it is not always that simple.

Possession may involve a lot more than simply holding the item or having it in your pockets. The law deals with two types of possession - actual and constructive. Actual possession means having it on your person, either in your hands or pockets, etc. Constructive possession, however, can mean having it on a table, in a back pack, or even in a locked glove compartment. You can even have multiple people possessing the item at once, such as something in the center console of a vehicle with multiple passengers. Police and prosecutors can allege that all parties are in possession of the narcotics, and even a person sitting in the back seat with no knowledge of the items can be arrested and charged.

In addition, the definition of controlled substances can also be confusing. Most people know of the usual substances, such as cocaine, marijuana, heroin etc. However, even legal substances such as prescription drugs can lead to a possession charge if you don’t have your prescription with you or if the drugs are not in the proper container. Furthermore, there are numerous types of marijuana, referred to as synthetic marijuana or bath salts, continuously being added to the illegal controlled substance list.

It is important to have experienced local attorneys who are familiar with these laws and the local judicial system as it relates to possession. There are many legal arguments to be made, as well as alternative sanctions such as drug court and rehab. Most people with possession charges are non-violent individuals who need help more than punishment. I have experience and contacts with all local rehabilitation and counseling services to ensure that you get the best resolution for your case.

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