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Can you be charged for drugs hidden in your car?

On Behalf of | Dec 26, 2022 | Drug charges

“Those aren’t mine!” This is a common phrase that police hear every day. But this doesn’t mean that all denials are false. Usually, when the police find drugs in a vehicle, the owner or occupants are the primary suspects. Therefore, in such a situation, you may need to prove to the police that the drugs don’t belong to you, or they will arrest you.

If you get arrested and charged even after asserting that the drugs hidden in your car aren’t yours, the prosecution will still have to prove constructive possession for you to be convicted.

What is constructive possession?

A constructive possession case may occur if drugs were found near you or in a place easily accessible to you and you knew about them. If there were enough drugs when you were arrested, you might also be charged with intent to sell, which is a more serious crime.

Possible defenses for constructive possession charges;

Get the evidence suppressed

If your constitutional rights were violated when the police seized the drugs you are alleged to have possessed, you can request the court to suppress the evidence. Any evidence acquired illegally is inadmissible in court, and the judge may grant the motion to suppress that evidence. When this happens, the case could be dismissed.

Challenge the evidence of knowing possession

Proximity to the drugs alone won’t be sufficient to convict you of constructive possession. So, the prosecution will have to prove that you knew about the drugs and had the ability to control them. They can only do this by providing evidence that you knew about the existence of the drugs and how they were distributed. Therefore, there is no case if the prosecution can’t provide this evidence.

Drug charges have serious consequences. Apart from heavy fines and possible jail time, you may be disqualified from college scholarships, employment opportunities and other privileges. Therefore, consider seeking legal assistance if you’re charged with drug possession.