Many drug possession charges are straightforward. Police officers find prescription medications or prohibited drugs on an individual’s person. Drugs carried in a purse or in someone’s pocket put them at risk of immediate arrest and criminal prosecution. Even those who have never had an encounter with law enforcement likely recognize that they could face criminal charges if they encounter police officers while carrying drugs. There are actually a variety of other, less-common scenarios that might also give rise to drug possession charges.
When can the state charge an individual with drug crimes if they didn’t have drugs in their pockets or otherwise on their person?
When they have contaminated paraphernalia
There are a variety of items associated with drug use that legally constitute paraphernalia. Technically, the possession of paraphernalia is a separate offense from drug possession. However, police officers and forensic professionals might find drug residue on paraphernalia. Prosecutors can potentially justify drug possession charges by establishing that a defendant had syringes, pipes or other paraphernalia with detectable drug residue on them.
When they are under the influence
Many people assume that they have to get caught with drugs for the state to charge them with the drug offense. While that is generally true, that is not always the case. If law enforcement professionals notice an individual behaving in an impaired manner in public, they could arrest that person for public intoxication. An individual does not need to be in control of a motor vehicle for their chemical impairment to constitute a crime. Being visibly intoxicated in a public space is enough to warrant criminal prosecution in many cases.
When police find drugs near them
Many criminal charges related to drugs depend on allegations of actual possession. However, the state can also pursue constructive possession charges against people in some circumstances. If police officers search a vehicle or residence and find drugs, they may determine that those drugs belong to one person. Prosecutors can bring charges against an individual who they assert had knowledge of and control over the drugs found in a specific location but not on their person.
Each of these scenarios requires a different defense strategy. Reviewing the circumstances that led to with a skilled legal team can help people develop workable defense strategies. Defendants hoping to avoid a conviction often need help fighting back against pending drug charges, and that’s okay.