Can I be charged for a controlled substance not in my possession?
Yes, this is referred to as constructive possession, which describes a situation in which you do not necessarily have the drugs on your person, but do have dominion and control over them. For instance, if police officers find drugs in your home or car, then you can be charged with possession.
Even if you're charged with possession doesn’t mean that prosecution can make the charge stick. Drugs found in your car or home by law enforcement is not enough to convict you with a proper legal defense. Factors such as how many people in the car, who had access to the car, the location of the vehicle, are important factors to consider when putting together a defense for your case.
What if someone planted drugs in my car or home?
Without legal guidance, it can be difficult to prove how the drugs appeared in your possession. Since you are the owner of the vehicle or home in question, the burden of proof falls back on you to develop factors in your favor. In situations like this, it’s urgent that you contact an experienced drug crime attorney to help guide you through your options before settling for the wrong choice. When it comes to protecting your rights, it is also imperative to note that remaining silent is not a defense and can be used against you.