Treasure Coast and Palm Beach Drug Possession is broken into two main categories: Actual Drug Possession and Constructive Drug Possession.
Actual Drug Possession is when the drug or other contraband is found on your person (in hand, pocket, body parts, etc…). In actual drug possession cases, there is a rebuttable presumption that the accused knew about the contraband’s presence and its illegal nature.
Constructive Drug Possession is when the drug or other contraband is found off the Accused’s person, often in close proximity. This situation often presents itself when drugs are found between passengers in a vehicle or in a glove box or center console. To prove constructive drug possession, the State must prove that the accused knew about the illegal substance, knew it was illegal, and had the ability to access and actually possess it.
Possession of Drug Paraphernalia – this includes anything used to smoke, ingest, weigh or even package a controlled substance. Possessing drug paraphernalia is a misdemeanor if it can be linked to a controlled substance even if the controlled substance is not necessarily present.
Often times, the issue in drug cases is whether the search and seizure of the substance was done in accordance with State and Federal law. If you have been arrested or are being investigated for drug possession, contact the Ferraro Law Group attorneys to discuss your case.