What is Constructive Possession - Can it result in the Dismissal of my case?

When the drugs are not on your person (for example, in your pocket), but are found in a car, in a bedroom, on the ground, etc., and your do not make any statements indicating knowledge of the drug (or your statements are found to be inadmissible), this is known as constructive possession.   For a better understanding of why, see what a prosecutor has to prove for the judge to find you guilty of drug possession.  With the proper objections and legal argument, it is much, much harder for the prosecution to prove a constructive possession case. 

Prosecutors can use circumstantial evidence to attempt to link you with the drugs - such as where your identification documents (license, ID, etc) are found with the drugs, or where you are seen making furtive movements where the drugs are found. 

If you have a drug possession case, contact a Fairfax Virginia Drug Possession Defense Lawyer at Manikas Law to discuss your case.  You can reach us at 703-556-0004 or through the Contact Us page

Kyle Manikas
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