Two Types of Drug Possession
Indiana Law recognizes two types of drug possession. The first is actual possession. The second is constructive possession. While both types of possession can land a person in jail, constructive possession of drugs, such as marijuana or cocaine, is harder for the State of Indiana to prove.
Actual Drug Possession is just as it sounds. A person is arrested and is drugs are found on that person, such as in that person's pockets. In this type of drug charge case it is probably not best to attack the actual possession of the drugs. Other types of arguments need to be made - such as whether the police had probable cause to stop the Defendant.
Constructive Drug Possession is much more complicated than actual drug possession. Constructive Drug Possession cases usually come up when police officers find drugs in a vehicle that is occupied by more than one person and the drugs are in a common area, such as the trunk, or in an area where it is not easy to determine who actually knew the drugs were present, such as in the backseat when the passengers are all in front. In situations such as this Law Enforcement will use various factors to determine who to charge with drug possession. These factors include: incriminating statements made by any of the passengers, attempted flight of passengers, whether any passengers made any incriminating movements, how close the drugs were to the persons in the vehicle, whether the drugs were in the plain view of any of the passengers, and whether any personal items were located with the drugs.
As you can see Constructive Drug Possession gives prosecutors much more work than an Actual Drug Possession cases. Regardless of what type of possession case the State has against you it is in your best interest to have an experienced Indiana Drug Defense Lawyer fighting for you. The penalties for drug charges, even first offenses, can be very tough. Contact Attorney Marc Lopez at 317 632 3642 or by email for a free consultation.
