Posted on Wednesday, May 1st, 2024 at 9:00 am
Constructive possession of drugs in Illinois can have serious consequences. What is constructive possession? You might be surprised to learn that authorities can find you guilty of constructive possession even if you do not technically possess the drugs.
For example, many constructive possession cases arise from drugs found in someone’s vehicle or residence.
If you have been charged with constructive possession, you need a Champaign drug crime attorney on your side. At Bruno Law Offices, we offer free consultations so you can speak to a lawyer about your charges in a risk-free, confidential call.
What Is Constructive Possession of Drugs in Illinois?
Under Illinois’ Controlled Substances Act, people are prohibited from having a controlled substance in their possession. The Act classifies controlled substances based on their effect on the user. For example, Schedule 1 includes drugs, including ecstasy and marijuana, whereas Schedule 5 lists cough medication and suppressants.
But what distinguishes actual possession from constructive possession of drugs? Actual possession means that authorities find drugs on your person. Carrying Xanax pills in your pocket means you have actual possession. When authorities find drugs near a person, such as in their car, house, or on the ground nearby, they can arrest and convict them for constructive possession of drugs. For example, if you store illegal drugs at home and know their location, authorities can find you guilty of having the drugs even when you’re not there.
Constructive possession of drugs occurs when you are not in physical possession of the controlled substance but instead know of it, have the intent to have it, and have the ability to maintain control over it or its location.
What Are the Two Elements of Constructive Possession Discussed by the Court?
The two elements of constructive possession of drugs are:
- Exercising “dominion and control” over the drugs
- Having knowledge of the drugs’ presence with the intent to control the disposition or use of the drugs
To satisfy the first element, you must have the power to control the disposition or use of the controlled substance. The second element means you must know about the drugs and intend to use them or decide how to use or dispose of them. The prosecutor must prove both elements beyond a reasonable doubt, or the jury must return a not guilty verdict.
How Much Jail Time for Possession of a Controlled Substance in Illinois?
In Illinois, authorities determine the punishment for possession of controlled substances based on the type and amount of drugs a person has at the time of arrest. Someone in possession of serious drugs, such as morphine, is usually charged with a Class 2 or Class 1 felony because it is a Schedule 2 controlled substance. Someone carrying 15-99 grams of morphine could be sentenced to a minimum of four years in prison or a maximum sentence of fifteen years. However, if they had 100-399 grams, they were subject to sentences ranging from six to thirty years. An amount higher than 900 grams carries a potential punishment of 10-50 years in prison. In addition to incarceration, a defendant convicted of possessing a controlled substance also faces fines of up to $200,000.
What Are the Defenses to Constructive Possession?
Your attorney will analyze the circumstances of your arrest to assess what legal defenses may be available to you. In a constructive possession case, you may be able to assert defenses such as lack of knowledge or intent about possessing the illegal substance.
How do you prove drugs are not yours? In a constructive possession case where authorities find drugs at the defendant’s home while they are absent, the prosecutor might argue that the defendant is guilty simply because the drugs are on their property. However, a criminal defense attorney can present evidence showing that others had access, indicating the drugs may belong to someone else and that the defendant was unaware of their presence.
Although every case has different circumstances and past results, they do not guarantee future success. An experienced criminal defense attorney can boost your chances of getting constructive possession charges dismissed.
Contact an Urbana Criminal Defense Attorney Today
If you are searching for how to beat a constructive possession charge, look no further than Bruno Law Offices. Our Illinois drug crime lawyers will thoroughly investigate the facts and circumstances of your case, evaluate your defenses, and protect your legal rights if you are facing a constructive possession charge. The attorneys in our law firm have the legal knowledge and proven track record to assist and help you with your case. Contact us today at (217) 328-6000 or online for a free consultation to learn how we can help you.
Related Posts:
Urbana Implements New Procedure to Catch Drug Dealers
Woman Sentenced to Probation in Connection to Drug Charges
Champaign Man Sells Cocaine to Police Informant, Faces Drug Charges
Man Charged With Drug Possession Can Face Up to 30 Years in Jail