Can you be charged with drug possession even if there were no drugs on your person?

Raleigh Drug Crimes Attorney Dewey Brinkley

Can you be charged with drug possession even if there were no drugs on your person?

As they say, possession is 9/10 of the law, and if you are caught with drugs in your pocket, in your backpack, or someone on your person, the searching police officer will most likely arrest you for drug possession. However, what about the other 1/10 of the time, when an individual is arrested for drug possession even if there were no drugs on his/her person?

Constructive Drug Possession Raleigh NC | Dewey Brinkley Law

As strange as it sounds, these types of cases have occurred in the past, and if you were arrested and charged with drug possession even though there were no drugs on your person, it’s critical to contact the Law Office of Dewey P. Brinkley immediately. Drug crimes attorney Dewey Brinkley has represented individuals similar cases before, and with decades of criminal defense experience involving drug crimes, we are confident that we can offer your case the professionalism, diligence, and experience that you need.

If you were charged with drug possession, make sure to not hesitate. Call the Law Office of Dewey P. Brinkley at (919) 832-0307 today. Free consultations are available.

Actual Drug Possession and Constructive Drug Possession

There are many different types of drug charges in North Carolina, and when it comes to possession, most people think of the situation where police find drugs on an individual’s person. Actually, this situation is known as “simple possession” and personal possession. If the police think that you were going to sell the drugs, you may be charged with intent to distribute.

While most people are familiar with the above-mentioned drug crimes, they are less familiar with the difference between actual and constructive drug possession.

Actual possession is precisely what it sounds like: you were caught with actual possession of narcotics. The law enforcement must have actually found physical evidence on the arrestee’s person. In these cases, the question isn’t whether the arrestee is innocent or guilty, but whether the law enforcement officer had justifiable cause to conduct a search.

Constructive possession is less straightforward, as it doesn’t involve physical evidence found on a person. Instead, constructive drug possession requires two important components that, when put together, point to the possession of narcotics. These two factors include:

  • The defendant had knowledge of the drug’s physical whereabouts
  • The defendant must have had the ability to exercise authority and control over the drugs in question

Car Searches, Probable Cause, and Drugs That Aren’t Yours

Many drug possession cases that didn’t involve physical possession of a controlled substance involved car stops and searches. If police found drugs that didn’t belong to you in your car, you need to be diligent and start gathering as much information as possible. You may want to ask:

  • Who put the drugs in the car? Do you have a name, address, or proof or witnesses?
  • Do you have a theory as to why someone would hide drugs in your car?
  • Have you lent your car to anyone recently?
  • Is it even your car, or did you borrow it from someone else?

Unfortunately, if the police found drugs in your car, even if the drugs weren’t yours, you’re facing a fairly difficult case. The Wake County D.A. has heard this story thousands of times before, and this is why you need to gather evidence and get the help of a prominent and experienced drug crimes attorney as soon as possible. With Dewey P. Brinkley, one of the first things we’ll look for in this case is “probable cause.” Generally, officers cannot search your car unless they have some probable cause to do so.

Possible Defenses for Drug Possession Charges

In addition to the probable cause defense for drug possession cases, we at Dewey P. Brinkley will explore several other criminal defense strategies as they apply to your case. Because constructive possession is an abstract concept, these cases can be quite difficult to prosecute successfully. As mentioned above, the prosecution must prove that you had sufficient authority and proximity to “exercise dominion and control” over the narcotics.

Therefore, one potential defense is showing that you could not have controlled the drugs, whether you were unaware of their presence or were too physically distant to exercise control.

Call the Law Office of Dewey P. Brinkley Today

As a former Wake County Assistant District Attorney, drug crimes lawyer Dewey P. Brinkley understands the full extent of North Carolina drug laws. As such, if you were charged with drug possession, attorney Brinkley stands as your best legal representative who can help build a strong defense and aggressive defend your case in courts. For a free, no-obligation consultation with attorney Brinkley, call the Law Office of Dewey P. Brinkley in Raleigh at (919) 832-0307.

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