Drugs Were Found in My House: How Do I Prove They Are Not Mine?
Drug possession is a serious crime in Georgia, and the consequences of a conviction can be severe. But what happens when drugs are found in your house, and you are certain that they are not yours? In this situation, you need to understand what constructive possession is and how you can prove that the drugs were not yours.
Our Dunwoody drug crime lawyers at Hawkins Spizman Trial Lawyers help people who face drug possession and other drug-related charges throughout the state of Georgia, including DeKalb, Cobb, Gwinnett, and Fulton Counties.
What Is Constructive Possession?
Constructive possession is a legal concept that refers to the ability to control a drug, even if you do not physically possess it, according to the Legal Information Institute. In drug possession cases, prosecutors must prove that the defendant had knowledge of and control over the drug. Constructive possession can be used to prove that a person had control over the drug, even if they were not in physical possession of it. For example, if drugs are found in a house or car that multiple people have access to, the prosecution might argue that all of them were in constructive possession of the drugs.
Knowledge and Control Over a Drug
To prove drug possession, the prosecution must show that the defendant had both knowledge of and control over the drug. Knowledge means that the defendant knew that the substance was an illegal drug and was aware of its presence. Control means that the defendant had the ability to dispose of the drug, use it, or distribute it. Proving knowledge and control can be difficult, and the prosecution must rely on circumstantial evidence, such as the location of the drugs, the defendant’s behavior, and witness testimony.
Drugs Were Found in My House: How Do I Prove They Are Not Mine?
If drugs were found in your house, and you believe that they are not yours, it is essential to contact a criminal defense lawyer immediately. Your attorney can help you build a defense and explore the options available to you. Here are some strategies that you and your attorney can use to prove that the drugs found in your house were not yours:
- Lack of knowledge. If you had no knowledge of the drug’s presence and can prove that the drugs were not yours, you may have a strong defense. For example, if a houseguest left drugs in your house without your knowledge, you could argue that you were not in constructive possession of the drugs.
- Lack of control. If you did not have control over the drugs, you may be able to argue that you were not in constructive possession. For example, if the drugs were found in a locked safe, and you did not have the combination, you could argue that you had no control over the drugs.
- Real owner. If you can identify another person who owned the drugs, you may be able to prove that the drugs were not yours. For example, if your roommate admits that the drugs were theirs, you could argue that you had no knowledge or control over the drugs.
Your attorney will analyze the facts of your case and determine the best strategy to prove that the drugs were not yours. They may also challenge the prosecution’s evidence and argue that the drugs were obtained through an illegal search and seizure.
The Drugs Weren’t Yours? Let Our Lawyers Help You Prove It
If drugs were found in your house, you have the right to defend yourself and prove that the drugs were not yours. Working with a skilled lawyer can help you protect your rights and get the best possible outcome for your case. Our lawyers at Hawkins Spizman Trial Lawyers handle drug-related cases all over the state of Georgia, including Dunwoody, Sandy Springs, Alpharetta, Johns Creek, Atlanta, and throughout Gwinnett, Cobb, and Fulton Counties. Get a free case evaluation with our lawyers by calling 770-685-6400.
Source:
law.cornell.edu/wex/constructive_possession
