When you hear that you are facing drug possession charges, your heart might drop into your stomach. The realization that you having the drugs in your possession was a criminal matter might be shocking. It is imperative that you think carefully about what you are going to do from here because you will need to create a strong defense to fight against the charges.
There are some instances in which you might not have been aware that you had the drug. Since the law notes that you have to be knowingly in possession of a controlled substance, you might be able to base your defense on the lack of knowledge. This is something that might be a challenge, but that doesn’t mean it is impossible.
When you are accused of possession of drugs, you don’t have to have the drugs on your person. Instead, this charge can be levied if the drugs are in an area that you control. Having drugs in your purse could lead to possession charges. The same is true if there are drugs in a nightstand drawer next to the side of the bed you sleep on.
Because of the fact that the drugs don’t have to be on your person, there is a chance that they could be in an area where more than one person has access. This means that more than one person could face possession charges for those drugs.
Your defense has to be based on the circumstances of the case. Drug possession charges often have serious consequences if defendants try to use a one-size-fits-all defense.
Source: FindLaw, “Drug Possession Overview,” accessed Feb. 09, 2018