Possession Is Not Ownership

Over the years I have heard similar themes involving possession of drugs and paraphernalia. "But it wasn't even mine." There are any number of ways to say it wasn't your weed or grinder. But just because you don't own whatever it is, you can still be in possession of it.

Picture this. You are in a your car and you give your sorta friend a ride. He puts his bag of weed and pipe, lighter and grinder down in your cup holder as he gets to his location. When he gets out and says, "Hey wait a minute, I'll be right back. Hold on to my stuff."

A minute later a law enforcement officer walks up and sees it through you window and you get charged. "But it isn't even my stuff." And you are right it is not your stuff. The law does not care. Possession means possession.

Take it a little further and think about "Constructive" possession. Constructive possession is basically an inference because you were in the location of the drugs, such as in the car it was found in, you are then in constructive possession. Usually, everyone in the car gets charged, and the officers leave it for the courts to sort it out.

This is a very simplified explanation of the difference between ownership and possession. Remember, cases are almost like snow flakes. Everyone is different, no matter how similar they may look. For you poker players, it is kinda like being asked how you would play Ace Jack suited. It depends. As poker players know, there are numerous way to play that hand, starting with position. It is the same in criminal defense cases.

So, how do we figure out how we defend your possession case. It depends. And we figure that out starting with the first question. For that, contact me and we can talk about what we should do to help you with your possession case


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