There are two types of possession:
1. Actual Possession; and
2. Constructive Possession.
Both can result in criminal charges in NC for possessing alcohol or drugs.
Actual Possession
Actual possession means you have the contraband on your person. If you are holding an alcoholic beverage and you are under 21, you actually illegally possess the alcohol. If you have a baggie of marijuana in your pocket or purse, you actually illegally possess the marijuana.
Just because the cops found you with an illegal substance on you does not mean you will be convicted of that crime. If this is your first offense, you may be able to take advantage of a deferral program to have the charges dismissed and eventually expunged from your record.
Even if it isn’t your first offense, there may be ways to fight the charge. Contact Raleigh criminal defense lawyer Paige Feldmann at (919) 747-3244.
Constructive Possession
Constructive possession can be very confusing and frustrating. Often, many innocent people find themselves charges with possession when they did nothing wrong. Constructive possession occurs, for example, when you are riding in a car with friends and there is weed in the center console. If you have the ability to control the illegal substance, you have constructive possession. You must know about the substance in order to have possession. So, if you genuinely had no idea the pot was in the car, you have a legitimate defense. Unfortunately, you may have to go to trial in order to use this defense and prove to the court you did not know the marijuana was in the car.
In another scenario, a person may be at Coastal Credit Union Amphitheater tailgating before a concert. She might not be drinking, but might be right next to a cooler that has beer in it. If she is under 21, Raleigh Police or an ALE agent may charge her with possession of an alcoholic beverage. Her defense attorney will question the law enforcement officer about what he witnessed, what exactly the defendant was doing, and what kind of drink it was.
Constructive possession seems like an incredibly unfair concept, and it often is. First time offenders can utilize a deferral program to have the charge dismissed. If you have been charged because of constructive possession, email attorney Paige Feldmann at hello@paigefeldmannlaw.com for a free consultation. There may be ways to have your charge dropped without going through a deferral program or trial.