Can You Be Charged with Drug Possession After the Fact?

It Is Possible To Be Charged With Drug Possession Without Physical Possession says Taracks & Associates

TAMPA, Fla., Feb. 8, 2024 /PRNewswire/ -- By nature of the law, individuals are not necessarily charged with the consumption of illicit substances, but the possession of them. But the law can become complex when individuals are charged with drug possession without being in physical possession of drugs at the time.

It is possible to be charged with drug possession after consuming drugs, or no longer being in possession of drugs. It is also possible for individuals to be charged with drug possession by simply having illicit substances in and around their property. It is a nuanced topic that has several layers. 

Constructive possession is a legal term that applies to circumstances where an individual does not have an illicit substance in their possession, but law enforcement suspects that they had control over the substance. This term is usually applied in searches, where a substance is found on the property of, or near, the person who is later charged with possession despite not having the substance on them physically. 

Another way for law enforcement to charge individuals for possession, without that person physically possessing drugs, is to inspect and present items with drug residue. This is often present on vehicles for drug consumption. In these cases, consumption has usually occurred, but the physical residue can be considered or labeled as possession. 

Drug charges are serious and can have trying ramifications. Navigating the legal space surrounding drug charges and issues of possession necessitates the aid of an experienced and knowledgeable attorney. 

Barry Taracks, lead attorney at Taracks & Associates, explains, "Florida takes drug charges extremely seriously. It is vital that those charged with drug possession seek immediate, and experienced, legal counsel."

About Taracks & Associates
Taracks & Associates is a firm with over 30 years of experience in the legal area of criminal defense. Its attorneys are experienced and knowledgeable across the spectrum of criminal defense, ranging from DUIs and drug charges, to felony charges. The team is dedicated to tackling each case with passion, focus, and unrivaled energy.

Taracks & Associates believes that every person charged with an offense deserves a competent and persistent legal defense. Contact Taracks & Associates in Tampa, Florida at 813-281-2897.

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SOURCE Taracks & Associates