Many people accused of drug possession in Arkansas face allegations of actual possession. They either had the drugs in their pockets or in their bloodstreams. The state can charge someone with possession for being under the influence of a prohibited substance even if police officers don’t catch them with any remaining drugs on hand.
While actual possession is the basis for a large percentage of drug charges in Arkansas, there are other situations that may lead to prosecution for drug offenses. Specifically, state prosecutors sometimes bring charges based on claims of constructive possession.
What does constructive possession entail?
The term constructive possession refers to a scenario in which the state can infer that an individual possessed illegal drugs. Whether the substance in question is a prescription medication that belonged to someone else or a prohibited substance, possessing the drug may be a crime under state law.
Police officers sometimes find drugs not in someone’s pocket or purse but instead under a couch cushion or hidden in the trunk of a car. When the drugs aren’t in someone’s physical possession, prosecutors build the case based on constructive possession. They use circumstantial evidence to try to prove that one person knew the drugs were there and had control over them.
Factors that contribute to constructive possession claims include:
- a prior criminal record
- social connections to those involved in the drug trade
- proximity
- ownership of the vehicle that contained the drugs
- social media posts
- the possession of objects that could be paraphernalia, like postage scales and sandwich bags
Police officers and prosecutors often try to blame one individual for drugs found in a space where more than one person may have had access.
There are ways to fight charges based on constructive possession
The good news for defendants accused of possessing a drug that wasn’t in their possession is that there are multiple potential defense strategies available. In some cases, there may be forensic evidence indicating that someone else handled the drugs. Other times, there might be alternate explanations, such as sharing a vehicle or carpooling with coworkers.
Reviewing the state’s evidence with a skilled legal team can help those facing drug charges based on constructive possession choose an appropriate defense strategy. Those who have the right help can potentially avoid a conviction when facing charges based on claims of constructive possession.