Howard County Drug Possession Lawyer
Possession requires knowledge and the ability to exercise any control over a substance. For example, if somebody sticks drugs in a person’s bag when that person was not looking, regardless if it is in their pocket or over their shoulder or backpack, then a person does not have the requisite knowledge to prove guilt. Possession is actual and constructive.
With that said, if you have been charged with possession and are looking for legal representation, it is pertinent that you contact a Howard County drug possession lawyer to begin mounting a defense to help lessen or dismiss any penalties associated with your charge.
Types of Possession
Actual possession is when a person has drugs in their hand or their pocket. Essentially, when a person is holding it, they are controlling that drug. Constructive possession means that an individual would still be in possession of something even if a person is nowhere near it.
For example, if an individual is holding their wallet in their hand, they are in possession of it. But if they have their wallet at a stand, but they are outside mowing the lawn, they are still in possession of it, which is constructive.
People can be charged or convicted of possession of narcotics or drugs that they are miles and miles away from. If it is in their house during a police raid even if they are not there, then it is still considered possession. To properly defend against any form of the charge, an individual should consult with a Howard County drug possession attorney as soon as possible.
Bringing Forward the Charge
Sometimes, it is apparent who is in possession of a drug. If it is in someone’s pocket, if it is in their backpack, but then of course, it could be in their house, in their room, in their nightstand, et cetera. Sometimes the police officers will come into a room, see the narcotics on the table, and if there are four individuals in the room, it is a question as to whether or not they are all guilty.
More than one person can be in possession of the same thing at the same time. That does happen, and it is proven by the surrounding circumstances. Very frequently if it is a home, police will take photographs of pictures around the house. If there are pictures of the defendant and picture frames on the table, the nightstand, if there is mail that the individual has received, even if it is not their house, that shows a connection between the residents and individuals.
If law enforcement found the narcotics by one’s shoes, by one’s wallet, by their keys, somewhere in that proximity, they can start trying to connect a person even if they have no direct evidence that that person is in possession. To combat such an allegation, an individual should be sure to hire a Howard County drug possession attorney immediately.
Illegal Substances
For any prescription medication for which a person does not have a prescription, then they are not entitled to possess. Regardless of whether it is a narcotic or not, any type of the mainstream drugs that everyone knows about, including cocaine, heroin, and over 10 grams of marijuana, are still criminal in nature.
Designer drugs, synthetic drugs, anything that is not purchasable at a pharmacy without prescription is a controlled illicit drug. To defend against any sort of illicit drugs, an individual should not hesitate before consulting with a drug possession lawyer in Howard County.
Severity of the Charge
There are a multitude of factors that play a role in a drug possession charge. It depends on the drug itself. A college student with Adderall is not the same as a street dealer or a street purchaser with heroin and needles. With that being said, as far as how it is going to ultimately resolve, the characteristics of an individual matter change significantly. An attorney will ask questions such as:
- Do they have a record, or is their record clean?
- Are they gainfully employed?
- Do they have a career?
- Do they have an education?
- Have they been educated?
- Do they not work or are they unemployed?
Different individuals are perceived in different ways. Two people charged with the same offense will get different results if one has a master’s degree, works full time, and has kids and a family versus the other person who has not worked in years. Both parties are equal as far as the charge, but they will get very different sentences and results because of what they have done in their lives leading up.
No matter the circumstance, the charge is taken seriously in the eyes of law enforcement, and should only be prosecuted using a Howard County drug possession lawyer.