Can You Be Charged If the Drugs Aren’t Yours?

If you have never interacted with law enforcement or the criminal justice system, you might believe that there is no way that you could be charged with a crime for something that you didn’t do. Unfortunately, that isn’t always true. In fact, it is possible to be charged with a crime for something like drug possession even if the drugs weren’t yours.

In Connecticut, you can be charged with drug possession for actual or constructive possession of drugs if you knew that you possessed the drugs and that they were illegal. This means that the police could arrest you for drug possession for something like holding a friend’s drugs for them or if they find a family member’s drugs in your house. Our Connecticut criminal defense lawyers can help to defend you against these charges and get you the best possible outcome.

At the Sills Law Firm, we are fierce advocates for clients who have been charged with all types of crimes, including drug possession. We work hard to get our clients a good result, whether that means getting a favorable plea deal, getting the charges dropped, or taking the case to trial and asking a jury to find you not guilty. Reach out to our law offices today to schedule a free consultation with a Connecticut criminal defense lawyer.

Understanding Actual vs. Constructive Possession

Under Connecticut law, it is possible to have either actual or constructive possession of a controlled substance or other item. In some circumstances, you can also have joint possession of drugs with one or more people.

A person has actual possession of something when they either hold it or have immediate access to it. This can include having it somewhere on your body or in something that you are holding or wearing. For example, if you have drugs in a purse that you are wearing, that would be considered actual possession.

Examples of actual possession of drugs include:

• You are physically holding the drugs
• The drugs are concealed somewhere on your body
• The drugs are in something that you are wearing
• The drugs are in something that you are wearing, such as a backpack

Actual possession cases usually arise from situations where the police catch you with drugs, such as by doing a pat-down search after arresting you for another offense. A prosecutor can also establish actual possession through circumstantial evidence, such as by showing that you swallowed OxyContin pills when you saw the police coming after purchasing the drugs from a dealer. If the cops saw you swallow the pills and also arrested the dealer after finding OxyContin on him, that could be circumstantial evidence of actual possession.

A person has constructive possession of drugs when they don’t have immediate access to it, but they either have control of it or the right to control it. The drugs might be in your house, your car, or in the care of another person. In the purse example above, if the same bag was lying on your bed at home, you would be considered to have constructive possession of the drugs in the purse even if you weren’t at home at the time.

A person does not have to have immediate access to an item to possess it. If you have the right to control something, you could still be considered to constructively possess it. Examples may include situations where you have drugs:

• In your house
• Inside your car
• In your desk at the office
• In a hiding place at a public park
• That are being held by someone else for you
• In a place of business that you rent or own.

Finally, two or more people can actually or constructively share possession of drugs. This is known as joint possession. For example, if you share cocaine with a friend, you share joint actual possession of the drug while chopping and snorting it, even though you purchased it.

It is important to understand that you could be charged with possession of a controlled substance even if the police did not find you with drugs in your hand or on your body. This includes situations where the drugs were not yours.

The Knowledge Requirement

No matter what type of possession is involved, knowledge of possession is generally necessary to convict you of the crime. Typically, the prosecutor must show that:

1. You knowingly possessed the drugs.
2. You knew of its unlawful nature.

In other words, you both have to know that you are in possession of the drugs and that the drugs are illegal to be convicted of a crime.

Consider a situation where you give a friend a ride and had no idea that they had drugs on them. You get pulled over for speeding, and your friend hides their drugs under your car seat. In this situation, if you were charged with drug possession, you may be able to defend against the charges on the basis that you didn’t know that the drugs were there.

In a slightly different scenario, if you knew that your friend had drugs, but thought it was his legal prescription medication, then that would be a defense to a possession charge. That is because you would have to both knowingly possess the drugs and know that they were illegal. If the drugs were in a prescription bottle with your friend’s name on it, then you would not necessarily know that they were illegal.

However, if you both knew that your friend had drugs and that they were illegal, you could be charged with and potentially convicted of drug possession. In any of these situations, having a skilled Connecticut drug defense lawyer is critical to protecting your legal rights.

When Could I Be Charged for Drugs That Aren’t Mine?

There are certain circumstances where you might be charged with possession of drugs even if they aren’t yours. This could include situations where:

• The drugs were in plain view at the time of your arrest.
• The controlled substance was found among your personal items.
• You owned or exercised control over the property where the illegal drug was found.
• You acted suspiciously or tried to prevent the law enforcement officer from finding the drug.
• The controlled substance was found in the immediate proximity of your person or your vehicle.
• There was no one else in the vehicle or house when the drug was found.

For example, consider a situation where the cops show up to break up a loud party at your house. Your friends scatter, but you stay to talk to the cops. There are drugs and drug paraphernalia sitting openly on a table on your porch when the police arrive, and you are the only one still there. In this situation, even if the drugs weren’t yours, you could still be charged with drug possession.

Many people try to explain themselves to the police in the hopes that they can convince them that the drugs aren’t theirs. However, you are unlikely to talk yourself out of trouble, and anything that you say to the cops can be used against you. Your best option in this situation is to say nothing until you have had a chance to talk to a Connecticut criminal defense attorney.

Defending a Constructive Possession Charge

There are many possible defenses to a drug possession charge, particularly when the drugs were not yours. Depending on the facts of the case, your Connecticut drug crimes defense lawyer may be able to argue:

1. The drugs were not illegal. For example, if your friend left their Ritalin prescription in your car and you were arrested for drug possession, you could argue that because the drugs were legal, you cannot be convicted of possession of a controlled substance.
2. You didn’t have control of the drugs.  If you share a house with roommates and the police find drugs inside a locked container inside your roommate’s room, you can introduce evidence that you had no way of unlocking the container and, as such, did not have control over the item.
3. You didn’t know the drugs were there. If someone stashes drugs in your house or car and you didn’t know that it was there, that could be a defense to a drug possession charge.
4. You knew the drugs were there, but you didn’t know what it was. For example, your friend hands you a tin of mints and asks you to stash it in your purse. You thought that they were just mints, but it turned out that the tin contained illegal drugs. If you didn’t know that the mints were actually drugs, it could be a defense.
5. The drugs were discovered during an illegal search. The Fourth Amendment to the U.S. Constitution protects you from unreasonable searches and seizures. If the police illegally searched you, your vehicle, or your home, that could be a defense to any drug possession charge.

There may be other possible defenses to a drug possession charge based on the specific facts of your case. You should never talk to the police, give a statement, or accept a plea deal on a drug possession charge without first talking to a Connecticut criminal defense lawyer about your options.

Talk to a Connecticut Drug Crimes Defense Lawyer About Your Case

It may not seem fair, but it is possible to be charged with drug possession for drugs that aren’t even yours. If you knew about the drugs and that they were illegal, then you could potentially face charges if you are caught with someone else’s drugs. An experienced Connecticut drug attorney can defend you and help you get the best possible outcome.

The Sills Law Firm fights for the rights of individuals charged with crimes in Hartford, Waterbury, and beyond. We will aggressively defend your rights and protect your freedom. To learn more or to schedule a free initial consultation with a Connecticut criminal defense lawyer, give us a call at 866-971-5795 or fill out our online contact form.