It is an offense under both state and federal law to be in possession of any controlled substance and this is the most common charge filed involving drugs. Possession is defined as the actual care, custody, control or management. Actual possession refers to actualy physical possession of a controlled substance while constructive possession usually is alleged when the controlled substance was found in an area where the person had access to or otherwise excerised control over (such as the trunk of a car or a safe). This means that while a person can be charged with possession of a controlled substance even if the controlled substance was not actually found on the person, the charges can be challenged on the basis that the person did not exercise care, custody or control over the substance. The focus in those cases is on whether the government can prove the person had "affirmative links" to the controlled substance. We have successfully challenged a client's accusation of possession of controlled substance by making the case that there were no "affirmative links" to our client and the controlled substance.
|
