Actual Possession vs. Constructive Possession

St. Petersburg Drug Possession Defense Lawyers

Drug possession does not refer to actual ownership of a drug, only whether an illegal drug was on someone’s person or property. Florida drug laws separate drug possession into two meanings: actual possession and constructive possession.

Actual possession is a situation when a person has the drugs either on his/her person or immediate property. For example: cocaine hidden in a person’s sock, or a bag of marijuana hidden in his or her freezer.

Constructive possession refers to a person having knowledge of and immediate access to an illegal drug. For example, a person riding as a passenger in a friend’s car could be charged with drug possession if illegal drugs were found in the glove box or under his/her seat. However, the prosecution would have the burden of proving the passenger in fact had knowledge of the drugs – and that can be very difficult.

Drug Possession Defenses in Florida

If you have been accused of drug possession, all is not lost. The experienced attorneys at Leavengood & Nash in St. Petersburg understand the ins and outs of drug defense cases.

There are many successful defenses our experienced attorneys can use to defend a drug possession accusation. Whether you have been accused of actual or constructive possession, our knowledgeable lawyers can review your case to ensure your rights were not violated, especially if a search and seizure was conducted unexpectedly by the law enforcement officers involved.

Accused of drug possession in St. Petersburg or Tampa? Contact our offices today!