Possessing controlled substances without a valid prescription from a licensed doctor or medical provider is a serious crime in the state of New Jersey. Constructive possession, though more difficult to prove than actual possession, can result in severe penalties and repercussions. Work with a Bergen County, New Jersey drug crime lawyer for legal help during your case.
What is Constructive Possession?
When we think of drug possession most people will imagine a person who is caught with illicit drugs in their pocket or in the glove compartment of their car during a traffic stop. Those situations fall into a category called actual possession. However, an individual may also be charged with constructive possession.
Constructive possession is used to describe a person who has ownership of an item but does not have physical control over it at the moment. For example, a person could be found to have constructive possession of illegal drugs that are located in a lockbox on the other side of the country. If the accused has a key to the safety deposit box and has access to the drugs they technically have constructive possession. The same logic applies to drugs found hidden in a person’s home or office. Even if the person is not present and does not have the drugs on their person, they can be charged with possession.
How Can I Be Charged With Constructive Possession in a Drug Case?
When a person is charged with actual possession of illicit drugs the evidence may be fairly simple to prove. If an arrest is made while the drugs are in the defendant’s hand or in their pocket, it may result in an obvious guilty verdict. However, constructive possession can be slightly more complex.
Two things typically have to be proven to convict a person of constructive possession successfully. The prosecution must show that the defendant had:
When a person is found to have known about the illicit substance and can exercise control over it, they can be charged with constructive possession.
What Are the Penalties?
The penalties for drug possession can be extreme depending on the type of drug involved, amount of doses, intent to sell, and more. While most drug possession charges are categorized as a third-degree indictable crime, charges can vary depending on the circumstances of the situation.
Third-degree:
- Possession of any amount of a Schedule I, II, III, or IV controlled substance
- Prison sentence of up to 5 years, with a minimum sentence of 3 years
- Fines of up to $35,000
Fourth-degree:
- Possession of any amount of a Schedule V drug
- Prison sentence of up to 18 months
- Fines of up to $500
Disorderly persons offense:
- Use of any controlled substance not for purposes prescribed by a licensed physician
- Jail sentence of up to 6 months
- Fines of up to $500
It is important to acquire legal counsel to help you avoid the full extent of these harsh penalties. Speak with a skillful attorney today to begin discussing the details of your case.