What is Constructive Possession?

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If you’ve been charged with drug possession in Texas, you’ve likely heard of the term “constructive possession.” If you have been charged with constructive possession, it’s important to understand what that means and what you can do to fight back against the charges. Especially in Texas, it is essential to know your rights and the possible consequences of a constructive possession charge. Read on to find out what you need to know from drug possession lawyer David Hunter.

How It Happens: “But That’s Not Mine!”

constructive possession

Here’s the situation: You’re in your friend’s car, sitting in the passenger seat. The radio is blasting, you’ve got sweet tea in the cup holder – it has been a great day. You see the tell-tale blue and red lights start flashing behind you. The music turns off. You put your drink down. You wait as your friend rolls down the window. The police officer goes through the typical steps of asking for license and registration, and you think this is going to be over soon – until the police officer finds something else in the vehicle: drugs.

You had no idea your friend was carrying drugs, but you are still arrested nonetheless. You feel like this is unfair, but it is legal. There is no way for the cop to know who the drugs actually belong to. You are charged with constructive possession. So what does that mean exactly? Read on to find out.

Are you ready to move on with your life? Contact David Hunter for a free consultation today! His experience in the legal field will give you the best defense out there.

What Does Constructive Possession Mean?

Constructive possession is when you do not physically possess a controlled substance but are in close proximity, have knowledge of the drug’s presence, as well as exclusive control over it. Simply being nearby is not enough to prove constructive possession.

While it may seem scary, being charged with constructive possession can be good for your defense. It can be difficult for the prosecution to prove that you were actually aware of or in control of the drugs in the car. In addition, these cases are treated the same as normal possession cases. An experienced drug possession lawyer like David Hunter will defend your case with the goal of proving your innocence.

Consequences of Constructive Possession

Just like normal drug possession, the consequences for constructive possession in Texas are as follows:

Punishments for Possession of Controlled Substances (drugs):

  • Minimum: Up to 180 days in jail or a fine of up to $2,000 (or both)
  • Maximum: 10-99 years or lifetime confinement in TDC, and a fine not to exceed $250,000

Punishments for Possession of Marijuana (POM):

  • Minimum: Up to 180 days in jail or a fine of up to $2,000 (or both)
  • Maximum: 5-99 years or lifetime confinement in TDC, and a fine not to exceed $50,000

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Avoid These Consequences With the Right Drug Possession Lawyer

David Hunter is an experienced Sugar Land defense attorney who has been both in front of and behind the judge’s bench. David Hunter is committed to providing defense for his clients that will get them the best possible outcome. He works hard to provide his clients with the best in criminal defense, and has protected the future of many. You deserve the best defense – you deserve David Hunter.

Get a Free Consultation Now

What is Constructive Possession? | David Hunter Law Firm – Sugar Land, TX



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