Constructive Possession in Florida: When Drugs Aren’t Yours But You’re Still Charged

In Florida, you can be charged with drug offenses without ever having been caught with any drugs in your possession. This is known as constructive possession, which enables law enforcement officials to charge people with possession crimes regardless of whether or not they actually had the substance on them. In this article, we’ll discuss constructive possession and how it works under Florida law.

Understanding the law 

According to Florida law, having possession of a controlled substance does not mean that the drug must be found on your body or in your immediate possession. Rather, the prosecution can charge constructive possession under two conditions: (1) you knew of the existence of the drug and (2) you have dominion and control over it.

This usually happens in cases involving more than one individual. In the event that drugs are discovered in a vehicle occupied by several individuals or in a dwelling place shared by several people, any individual in the vicinity can be charged, regardless of whether or not the drugs belonged to them. But for cases where there is non-exclusive possession (multiple people have access to the drug), more proof must be shown.

How do prosecutors build a constructive possession case?

Circumstantial evidence plays a key role in proving constructive possession. Such evidence could include any of the following:

• The defendant’s testimony
• Suspicious conduct
• Fingerprints on packaging materials
• The location of the drug relative to the defendant

For example, the presence of the drug in close proximity to an individual, such as when the drug is in plain sight or in a package containing someone’s personal belongings, could support the prosecution’s argument.

However, proximity is not sufficient proof for establishing possession. Florida courts have always ruled that mere proximity cannot prove knowledge or control over the drugs.

Defense strategies

Defenses used in constructive possession cases include attacks on the State’s case regarding knowledge and control. In situations where the drugs have been found in shared locations, a solid defense would be based on the fact that the accused has no knowledge of their existence or control over them.

For instance, if drugs are discovered in the vehicle, the defense would involve arguments that the accused did not have any interest in the vehicle and was unaware of the drugs. This is because several people had access to the same location.

In a house, the defense will revolve around the fact that there were many other people who could have had access to the same room. 

Talk to a Tallahassee, FL, Drug Possession Attorney Today

Luke Newman, P.A., represents the interests of Tallahassee residents who are facing drug charges. Call our Tallahassee criminal defense lawyers today to schedule an appointment, and we can begin preparing your defense immediately.