What Is Constructive Possession in Meade County Kentucky?

Many criminal offenses require you to have possessed something as an element of the crime. Many drug offenses, for example, require you to have possessed the controlled substance in question in order to convict you of the offense. This often creates confusion for defendants if they did not actually have the item in question on them at the time of their arrest. Although the offense may include “possession” as an element, possession does not have to be “actual.” Possession may also be “constructive”. Understanding the difference between actual and constructive possession is important if you have been charged with an offense that includes constructive possession in Meade County Kentucky.

Constructive Possession in Meade County Kentucky

In legal terms, the concept of “possession” can be actual or constructive. The easiest way to explain the difference is by way of illustration. Let’s assume that you have been arrested for possession of a firearm in Meade County, Kentucky. There are a number of different circumstances under which this could occur. Some of these qualify as actual possession while others would be considered constructive possession. Consider the following scenarios:

1. You are stopped walking down the street and the police officer does a “pat down” search. The officer finds a 9 mm handgun in your jacket pocket during the search for which you have no permit. You are arrested and charged with possession of the handgun.
2. You are stopped while driving your own vehicle with no one else in the vehicle. The police search the vehicle and find a 9 mm handgun under the driver’s seat and you have no permit. You are arrested and charged with possession of the handgun.
3. You are the passenger in the rear of a vehicle (not your vehicle) that is stopped by the police. A search is conducted and a 9 mm handgun is located under the passenger seat. You have no permit and you are arrested and charged with possession of the handgun.

In the first scenario you have “actual” possession of the handgun because it is physically in your possession and under your direct control. In the second and third scenario the argument would have to be for “constructive” possession. Although there are many definitions, one widely used definition of constructive possession in Meade County Kentucky is that “you had the intent to maintain dominion and control over the item.” As you may have guessed, it would be easier for the prosecution to make that argument in the second scenario than in the third, given the circumstances.

If you are arrested and charged with an offense that requires the prosecution to prove constructive possession be sure to consult an experienced Meade County Kentucky criminal defense attorney about your legal options and defenses.