How can possession of a drug be proved?

How can possession of a drug be proved?

To prove possession, the prosecution must show beyond reasonable doubt that: an illegal drug was in a person’s ‘custody’ or ‘control’, and. the person knew that they had custody or control of a prohibited drug.

What is possession of a dangerous drug?

Generally (with the exception of cannabis), a person charged with possession of dangerous drugs is in possession of a powder, crystalline substance or tablet, which the police alleged contains a dangerous drug. The weight of the drug in that substance is not the weight of the substance.

Is a possession charge a misdemeanor?

In many cases, drug possession is a felony. However, in some instances, it is charged as a misdemeanor. If the offense is a felony, there are varying degrees it can be charged, which affect the penalties you could face.

Can you be charged with possession without physical possession of drugs?

Simply possessing controlled substances such as cocaine, methamphetamine, or heroin is a third degree felony. Penalties for a possession conviction include fines and up to five years in prison. And in answer to our title question, yes, you can face possession charges even if you are not in physical possession of drugs.

What is considered drug possession in Florida?

Florida law, like that of many other states, recognizes two different types of drug possession – actual and constructive. You are in actual possession of drugs if police find illegal controlled substances on your person – for instance, in a jacket or pants pocket. Constructive possession occurs, however, when the police find drugs in your vicinity.

Is a felony conviction of drug possession sufficient to convict?

It is sufficient to convict. If you take the stand, all of your prior felonies will come in. As long as the paperwork is there (the prior convictions are certified), the Habitual… In Indiana, a person can be found guilty of drug possession even if the actual drugs were not found on one’s person.

Can a drug be considered constructive possession if it wasn’t in view?

The fact that the drugs were close to you, even if they were in plain view, is not by itself enough to establish constructive possession. In Session v. State, a recent Florida case from the Fifth District Court of Appeal, defendant Johnson Session was charged with constructive possession of drugs found in a car next to him.