Constructive possession means that you can be charged with possessing something even if it’s not physically on your person. This means something you can be charged with something found under the seat of your car or in your home.
Constructive possession is a jury question, so a jury decides whether or not you were in possession of whatever was found.
“Mere presence” is not enough for constructive possession — meaning you can’t be charged with possessing something just because you were there. The prosecution needs to provide more evidence than the fact that you were there.
The prosecution must prove that you knew the items were there, at the very least. This means that if they were hidden or it wasn’t your car/house, this shows it’s less likely to be yours.
If you’ve been charged with possessing something that isn’t yours, it’s important to get an attorney that understands the law. If you need a criminal defense lawyer who will fight for you, call me now and set up a consultation at (617) 295-7500.