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The “Mere Presence” Defense in Drug Possession Cases

Wrong place?  Wrong Time?  It happens.  Just because you happen to be standing next to someone who has drugs, that doesn't make you a criminal.  In order for the government to convict someone for Possession of Controlled Substance, the prosecution must show that you possessed the drugs.  So what does it mean to "possess" drugs?

There are different types of possession.  Actual Possession means that you have physical control over the drugs - i.e. - they are in your hand, your pocket or the purse you are holding.  Constructive Possession means that, even though the drug is not on your person, it is in a place where you have control over the drugs.  For example, the drugs are in your car, your bedroom or your garage.

Joint Possession means that more than one person can be in possession of an item.  If drugs are found in the common area of a house, all of the people who live there may be charged based on a claim of joint possession since they all had knowledge of and access to the drugs.

Whether you are charged with possessing or trafficking cocaine, methamphetamine, GHB, MDMA (Ecstasy), Oxycodone, heroin or any other controlled substance, contact a Las Vegas Drug Crimes Lawyer right away.  The Las Vegas Drug Crimes Attorney can discuss the facts of your case, as well as advise you on any applicable defenses and possible courses of action.

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