The recreational use of marijuana remains illegal in the state of New York, which means you could face severe consequences if police find the drug in your possession. Possible penalties include fines and incarceration. A conviction will also tarnish your criminal record, which could affect numerous aspects of your life for years to come.
If you are facing charges for the possession of marijuana, contact Darren DeUrso, Attorney at Law. Mr. DeUrso is a drug lawyer with more than three decades of experience defending clients. Call 914-772-8614 to schedule a consultation with a criminal defense attorney in Westchester County.
What Is Constructive Possession?
As Cornell Law School explains, constructive possession refers to the possession of an object or substance that is not physically on your person. For example, if you have the keys to a particular safety deposit box, you also have constructive possession of its contents. Likewise, if you own a vehicle, you have constructive possession of the cargo inside it.
Prosecutors often use the concept of constructive possession to charge people with the possession of illegal drugs. In order for such charges to hold up, though, the defendant generally had to have known about the contents and must have had the ability to control them.
What Is Presumptive Possession?
Presumptive possession falls between constructive possession and actual possession. Pursuant to New York Penal Law 220.25, the presence of a controlled substance like marijuana in an automobile or room can be sufficient and presumptive evidence of the knowing possession of each and every person in that same automobile or room. Thus, if you are in the vicinity of a controlled substance, you could face criminal charges for possession based on presumptive evidence.
Fortunately, there are some restrictions to this statute. For example, if the controlled substance is concealed on the person of just one individual, those around him or her are not necessarily in possession themselves because they may not know about the substance.
How Can I Fight Possession Charges?
If you turn to Mr. DeUrso for help with your defense, he will start by asking you about the circumstances of your arrest. If you were the victim of an illegal search or seizure, you may be acquitted on that fact alone.
If the search and seizure holds up, there are still other viable strategies for fighting possession charges and securing a favorable outcome to your case. For example, Mr. DeUrso may be able to fight for reduced charges or lesser penalties if you agree to take part in a diversion program.
In a typical diversion program, you would pay all associated court costs and attend some kind of rehabilitation. Upon the successful completion of the program, your charges would be dropped, and there would be no conviction on your criminal record.
If you have been charged with marijuana possession, there is a lot at stake. Even if you are facing a misdemeanor, a conviction could mean that all future charges will be felonies. To discuss your defense options with a criminal defense lawyer in Westchester County, turn to Darren DeUrso, Attorney at law.
Mr. DeUrso will investigate your arrest and structure a comprehensive defense based on your unique situation. Call 914-772-8614 to schedule a consultation. You can learn more about fighting drug charges in New York by visiting USAttorneys.com.