Home -> Law Blog Directory -> Criminal Law Blogs -> Palm Beach Criminal Defense Blog

Criminal Law

: Palm Beach Criminal Defense Blog

When is Someone in Constructive Possession of Drugs?

By Ron Chapman

          In order to prove someone guilty of the crime of trafficking in cocaine, a prosecutor must establish that the accused individual knowingly was in either actual possession or constructive possession of 28 grams or more of cocaine.  To prove constructive possession, the prosecutor has to show the following two things beyond a reasonable doubt:   The defendant knew of the presence of the cocaine; and The defendant was able to exercise dominion and control over the cocaine.             Proving these two things can sometimes be quite difficult, especially when the cocaine is located in a jointly-occupied automobile.  That was the situation in the case of Culver v...continue to full post

Full post as published by Palm Beach Criminal Defense Blog on October 19, 2009 (boomark / email).