Can You Be Charged With Drug Possession if the Drugs Aren’t in Your Pocket?

It is a common misconception that you can only be charged with drug possession if the drugs are physically found in your possession.

However, in New South Wales, you can be charged with drug possession even if the drugs are not literally in your pocket.

 

Understanding Constructive Possession

In NSW, you can still be charged with drug possession if the drugs are not physically on your person, as long as you have “constructive possession” of them.

Constructive possession occurs when you have knowledge and control over the drugs, even if they aren’t in your direct possession.

For example, if drugs are found in your car or at your home and you have access to or control over that space, you could be charged with possession, even if the drugs are not on you directly.

The key here is whether the authorities can prove that you knew about the drugs and could exercise control over them.

 

Key Legal Principles

To secure a conviction for constructive possession, the prosecution must prove that:

      • You knew the drugs were there (knowledge).

      • You could control or access the drugs (control).

    This means if drugs are found in your vehicle, but you claim not to have known about them, you may still face charges if the evidence suggests otherwise. For example, if your car is registered to you and the drugs are found in the trunk or glove compartment, the police may argue that you could control them.

     

    How Law Enforcement Proves Possession

    When police arrest you for constructive possession, they typically gather evidence like:

        • Ownership of the premises or vehicle.

        • Your access to the location where the drugs were found.

        • Circumstantial evidence linking you to the drugs.

      Even if the drugs are not physically on your person, the prosecution may present a case based on these factors, so it is crucial to understand the intricacies of constructive possession in NSW law.

       

      Potential Defences

      There are a few defences you can raise in these cases:

          • Lack of knowledge: You didn’t know the drugs were in your car, home, or on your property.

          • Mistaken identity: You can show that you were not in control of the location or didn’t have access to the space where the drugs were found.

          • Unlawful search: If police did not follow proper legal procedures when searching your property or vehicle, any evidence obtained might be ruled inadmissible.

         

        Drug Possession Lawyers in Parramatta and Sydney

        Being charged with drug possession under the theory of constructive possession can be confusing and distressing, especially if the drugs weren’t physically on you.

        If you’re facing such a charge, it’s crucial to speak with an experienced defence lawyer who can evaluate the specifics of your case and help build a solid defence strategy.

        Rezae & Co Lawyers are specialists in drug possession cases and have achieved numerous successful outcomes, including Section 10 dismissals and Conditional Release Orders (CROS) without convictions or criminal records.

        Rezae & Co Lawyers can provide a free consultation and can be contacted on 02 8893 1217.