UNDERSTANDING ACTUAL VERSUS CONSTRUCTIVE

POSSESSION OF CONTRABAND IN ORLANDO, FLORIDA

Orlando Florida criminal defense attorney David A. Faulkner represents individuals accused of a variety of state and federal crimes related to the possession of contraband such as firearms, weapons or drugs, whether a misdemeanor or a felony. No criminal matter is too small or too large for attorney Faulkner to assist you with.

Possession of contraband such as an illegal drug can be actual or constructive. For example, if the the contraband is found on the accused, such as in their pocket, then the possession would be actual possession. However, a person can be found to have have possession of a drug for purposes of criminal prosecution even if the drug is not located by law enforcement on the person's body. This is accomplished pursuant to the legal theory of constructive possession. A person can be found to be in constructive possession of illegal contraband such as a drug if the person has knowledge of the presence and nature of the contraband and is exercising dominion and control over the contraband.

Constructive possession of a drug often becomes an issue when the drug is located by law enforcement in a vehicle that is occupied by multiple people. In such a circumstance, the question becomes who, if anyone, should be held responsible for the presence of the drug. In order to successfully prosecute a single individual in such a circumstance, the prosecution must be able to show that the individual within the vehicle for whom they are trying to hold responsible for the presence of the drug had knowledge of the presence of the drug and was exercising dominion or control over the drug.

Knowledge of the presence and nature of illegal contraband can be proven in a variety of ways. One of the ways knowledge can be proven is if the individual accused of possessing the contraband admits that a new the contraband was present. Knowledge of the presence of illegal contraband can also be inferred if the contraband is in plain sight to the individual accused. Knowledge can also be proven through the testimony of other individuals in the vehicle or if fingerprints or other such identifying physical evidence is located on the container housing the contraband.

Even if knowledge of the presence and nature of the illegal contraband can be proven, the prosecution must also establish that the accused exercised dominion and control over the contraband in question. For example, it is possible for a back seat passenger to have knowledge of the driver's possession of the contraband, while not having the ability to exercise dominion or control over the contraband. Dominion and control over contraband for which the accused has knowledge can also be established in a variety of ways. Certainly, if the accused's fingerprints are found on the container housing the contraband, then dominion and control over the contraband can be inferred. Also, the proximity of the contraband to the accused who has knowledge of its presence can also go towards the issue of whether or not the accused exercised dominion and control over the contraband.

If you, a friend or a family member are charged with a contraband related crime, then Orlando Florida criminal defense attorney David A. Faulkner can help. Contact Faulkner Legal Group, PA today to schedule your FREE CONSULTATION.