Drug possession charges are relatively common in Washington. People can violate drug statutes stop by possessing a drug that is against the law, possessing too much of a substance or having a prescription medication without the right medical documentation.
Many drug possession charges involve actual physical possession of a substance. Police officers search someone and find drugs in their purse, backpack or pockets. The state then pursues possession charges against that person. Sometimes, police officers find drugs in other locations.
For example, they might find drugs in the shared living room of a dormitory or group apartment. They might find drugs under the seat of a vehicle occupied by a half dozen different young adults. What happens if police officers find drugs near someone but not directly in their possession?
The state pursues constructive possession charges
Drug laws in Washington allow the state to bring criminal charges in cases where police officers cannot conclusively establish physical possession. In such scenarios, the state tries to establish constructive possession. Constructive possession is a legal term that refers to someone having awareness of and control over an illegal item.
Someone could face constructive possession charges if police officers find drugs in their vehicle even though they insist the drugs must belong to someone else. The same is true of scenarios involving a shared living space. Police officers might arrest the person closest to the drugs. Being on the lease or having a prior criminal record could increase someone’s chances of facing constructive possession charges when police officers find illegal drugs or prescribed substances at a residence with multiple occupants.
How can people fight constructive possession allegations?
There are a variety of different defense strategies that might work for someone accused of constructive drug possession. A look at forensic evidence could help. There may not be fingerprints or other evidence tying someone to the drugs that police officers found. Other times, it may be possible to establish who the drugs belong to or create a narrative that shows that the drugs could have potentially belonged to numerous other people. Someone accused of constructive possession may have multiple defense strategies available to them.
Discussing pending Washington drug charges at length with a skilled legal team can help people evaluate their options when determining the best way forward. Different scenarios require unique strategies from defendants and their defense teams in order to most effectively facilitate the potential for a favorable outcome.