GREENVILLE CONSTRUCTIVE POSSESSION CRIMINAL DEFENSE LAWYER
Constructive Possession is defined as having dominion and control over something such as drugs or contraband. To prove possession under the theory of constructive possession the State must prove beyond a reasonable doubt that “one had it and knew they had it.” See Quotes of Jake Erwin, Esq.
Constructive possession requires evidence that the defendant had dominion and control over either the drugs or the premises upon which the drugs are found. See State v. Heath, 370 S.C. 326, 635 S.E.2d 18 (2006).
Constructive possession is the adversary to mere presence. The difference between constructive possession and mere presence is the difference between being guilty or not guilty. Mere presence is not enough to find one guilty beyond a reasonable doubt, but one can infer proof of possession as well as knowledge or intend for that presence. State v. Bultron, 318 S.C. 323, 457 S.E.2d, 616 (Ct. App. 1995)
In short, whether one is in constructive possession or not is highly fact specific and if charged with possession under a theory of constructive possession one would be wise to discuss all the relevant facts with their lawyer.
Alex Kornfeld is a criminal defense lawyer in Greenville, South Carolina. You can scheduled a consultation with him by calling 864-335-9990.