Why can i be charged with possession, when nothing was found on me?
2 Answers from Attorneys
Possession doesn't mean it has to be on you. You can be in possession of something in the same room, same car, same house, etc.
You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.
I agree with Mr. Dane. The contraband does not have to be in your pockets to be charged with possession. It can be in your backpack in your closet, the glove compartment of your car, etc. The prosecutor does not need to prove actual possession if he can prove constructive possession. Constructive possession means that the contraband or drugs were found in a location over which you exercise control.
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