Understanding Joint Constructive Possession

Contrary to popular belief, when criminal charges involve the possession of illegal substances or contraband, Florida law does not always require that the item be found directly on the person. In many instances, cases can rely on a legal theory known as constructive possession. When more than one person is allegedly involved, the concept of joint constructive possession comes into play.

At The Law Offices of Marc N. Pelletier, our St. Petersburg criminal defense attorneys are well-acquainted with cases involving both constructive possession and joint constructive possession, and we are here to defend you.

What is Constructive Possession?

Constructive possession is when an individual is considered legally in possession of an illegal item, even if it is not found on their person. This differs from actual possession, which occurs when the item is physically held or carried by the individual. In cases involving constructive possession, the prosecution must prove two elements: first, that the individual knew the item was present, and second, that they had the ability to exercise control over it.

Because constructive possession cases rely heavily on circumstantial evidence, it can lead to complex and difficult proceedings. And a conviction for constructive possession can carry the same penalties as actual possession, which makes it all the more important to work with a skilled St. Petersburg defense attorney with The Law Offices of Marc N. Pelletier.

Joint Constructive Possession Explained

Joint constructive possession occurs when two or more people are accused of knowingly and jointly having control over the same illegal item. This typically involves shared spaces where the contraband is discovered in a common area, such as cars, apartments, or homes.

For example, if law enforcement finds drugs in the center console of a vehicle where multiple people are present, prosecutors can allege that all occupants had knowledge of the drugs and the ability to control them. Just the same, if illegal items are located in a shared living room or bedroom, everyone with access to that space could be charged due to joint constructive possession.

Key Factors Courts Consider

When determining whether joint constructive possession exists, Florida courts consider several important factors. One is whether the accused had any knowledge or awareness of whether the item was present. 

Another key factor is whether the individual had the ability to exercise control over the item. This actually does not require actual physical handling, but there must be evidence of the capability to direct or manage the item. 

Defending Against Joint Constructive Possession Charges

Several strategies may be used by criminal defense attorneys in St. Petersburg to defend individuals accused of joint constructive possession. One common strategy is to challenge the element of knowledge. If an individual was unaware of the item’s presence, the possession charge may not stand. Similarly, a defense may argue that the individual had no ability to control or manage the contraband, especially in cases involving shared or public spaces.

A lack of exclusive access can also weaken the prosecution’s case. If the area where the item was found was accessible to others, such as in a living room or a dorm room, it becomes more difficult to prove that a specific person had possession.

How The Law Offices of Marc N. Pelletier Can Help

At The Law Offices of Marc N. Pelletier, we have extensive experience defending clients in complex joint constructive possession cases. Whether you were a passenger in a vehicle, a resident of a shared home, or otherwise unjustly implicated in a possession case, our team will work to protect your rights and pursue the most favorable outcome possible.

Facing a drug charge? Work with the most trusted St. Petersburg defense attorneys with The Law Offices of Marc N. Pelletier. Request a free case consultation with one of our Pinellas County domestic battery attorneys or call today at (727) 493-9386.