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How Constructive Possession of Drugs is Determined in Florida Criminal Law

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Back To Criminal Defense Video Help Page

As you can gather from the video, actual possession of drugs is pretty clear-cut in Florida criminal law. If a police officer finds drugs on you—in your hand, in your pocket, in your sock—then you are looking at an actual possession charge. However, defining constructive possession is a little more complicated. This is something that an Orlando criminal defense attorney needs to investigate in defending cases involving drug charges.

Let’s look at how constructive possession is determined in a Florida criminal law court and how an experienced lawyer might defend this type of case. This type of possession charge comes up when drugs or other contraband are not found on one person but in a car or other common area – basically anywhere that someone else could have had access to.

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Constructive Possession and the Burden of Proof

In this kind of case, Florida criminal law says that the burden of proof is on the government. That means that it is up to the court to prove the following three things:

  1. The drugs were within the defendant’s control
  2. The defendant knew that the drugs were in that location
  3. The defendant knew that the drugs or contraband were illegal

The court must prove these three things beyond a reasonable doubt, meaning that they must have concrete evidence on all three points. For example, the arresting officer cannot just say that the driver of a car with three passengers was in possession of drugs found in that car because that fact alone does not prove the driver’s guilt beyond a reasonable doubt.

A knowledgeable Orlando defense attorney at TK Law will take every possible measure under the law in order to defend you. When there is reasonable doubt that drugs or contraband were actually found in your possession, our attorneys we will pursue all avenues to have the charges against you lessened or dismissed. As our client, we need you to be honest with us and tell us the whole story, but we want to make sure that your rights are not being infringed upon and that you are not being wrongfully charged of drug possession under Florida criminal law.

You should at least contact an Orlando defense attorney for a free consultation if you are being charged with constructive possession—this is a relatively gray area of the law, and it is important that you have an experienced lawyer handle this kind of complicated case.

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The Orlando divorce lawyers at TK Law are deeply committed to the individuals and families they serve. We are here to help you resolve each legal concern so you can regain control and move forward with your life. You will also have a steadfast, accomplished advocate in your corner to fight for what matters most if a dispute goes to trial.

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This was first experience hiring a law firm and I am very happy that I hired TK Law. My attorney Janelise and Paralegal Kayla were kind, knowledgeable and made the process easy. They were quick to respond when I needed revisions to my document and the final outcome was perfect. If I ever need legal help in the future, I will not hesitate to contact TK Law again.
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