Constructive Possession – That’s Not Mine!

Possession

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Michael Komorn

Charged with Driving Under the Influence (DUI)

Constructive Possession

That’s not mine…

Constructive possession is a legal concept that refers to a person having knowledge of an item’s location and the item being reasonably accessible to the person, even if the person does not have actual physical possession of the item. In Michigan, this concept can apply to various laws and offenses.

For example, MCL 750.237 prohibits a person from possession or use of a firearm while under the influence of alcohol. Possession of a firearm can be actual or constructive.

 

Are Drugs in My House or Car Enough to Show Constructive Possession?

A common question that arises with constructive possession charges is whether a person is responsible for drugs found in a house or car?

The answer to this question will depend on the facts and evidence.

As mentioned, simply being within range of a controlled substance is not enough to prove constructive possession exists. There must be other evidence or facts that show there is a stronger connection between the defendant and the drugs like in the above examples ( e. g., if the defendant is the only person who possesses a locker key, then it most likely can be assumed the drugs belonged to them).

 

Another question that frequently comes up in constructive possession cases is what happens if you lend a car to a friend and he gets caught with drugs?

Although the answer to this is largely based on the facts of a case, it is possible to be charged with constructive possession in this scenario. Whether discussing drugs that belong to a roommate or drugs found in a borrowed car, a prosecutor will generally review facts, such as if the defendant knew their roommate or friend used drugs, the specific location of where the drugs were found ( e. g., common living spaces vs. behind bolted bedroom doors), and which parties had access or a key to the place.

 

 

Constructive Possession Laws and Penalties in Michigan

 

The state of Michigan has strict laws regarding the possession of certain items and substances that may be considered dangerous or illegal. One area of the law that many people may not be familiar with is constructive possession. This refers to having control or access to an item or substance that is illegal or considered dangerous, even if it is not physically on your person. In this article, we will explore constructive possession laws in Michigan and the penalties that can be imposed if you are found guilty of violating them. We will also discuss possible defenses against constructive possession charges and provide examples of recent cases in Michigan.

 

Introduction to Constructive Possession Laws in Michigan

Michigan has strict laws when it comes to the possession of certain substances and items. Possession of these items, whether actual or constructive, can result in severe consequences. In Michigan, constructive possession is defined as having the ability and intent to control an item or substance, even if it is not physically on your person. It is important to understand what constructive possession is and what items and substances it pertains to in order to stay compliant with Michigan law.

What is Possession and How Does it Relate to the Law?

Possession refers to having physical control over an item or substance. In the eyes of the law, it is a critical element when it comes to determining guilt or innocence in certain cases. Possession can be actual, which means the item or substance is on your person, or it can be constructive, which means you have the intent and ability to control the item or substance, even if it is not physically on you.

What is Constructive Possession and how is it Different from Actual Possession?

Constructive possession refers to having the intent and ability to control an item or substance, even if it is not physically on your person. This means that even if you do not have the item or substance in your immediate possession, you can still be charged with constructive possession if you have control over the item or substance. Actual possession, on the other hand, refers to having the item or substance physically on your person.

Why is Constructive Possession Relevant in Michigan?

Constructive possession is relevant in Michigan because it allows law enforcement to charge individuals who have control over certain substances or items, even if they do not have them physically on their person. This helps in the prevention of certain crimes and the prosecution of those involved in criminal activities.

Types of Items and Substances Covered Under Constructive Possession Law

 

What Items are Covered by Constructive Possession Laws in Michigan?

Michigan’s constructive possession laws apply to a wide range of items, including firearms, stolen property, and burglary tools, among others.

What are the Different Types of Substances Covered by Constructive Possession Laws in Michigan?

Michigan’s constructive possession laws also apply to a range of substances, including illegal drugs, prescription drugs, and illicit substances such as marijuana. It is important to note that Michigan has strict penalties for the possession and distribution of certain substances, such as heroin and cocaine.

Penalties for Violating Constructive Possession Laws in Michigan

 

What are the Potential Penalties for Violating Constructive Possession Laws in Michigan?

Penalties for violating constructive possession laws in Michigan can vary depending on the type of item or substance involved. In general, penalties can range from fines to imprisonment. For example, possession of a firearm by a convicted felon can result in a maximum of 5 years in prison and a $10,000 fine. Possession of certain drugs can result in even harsher penalties, including a maximum of life in prison in some cases.

How Does Michigan Law Determine the Severity of the Penalty?

Michigan law determines the severity of the penalty based on a variety of factors, including the type of item or substance involved, the amount of the item or substance, and the individual’s criminal history. Additionally, Michigan has mandatory minimum sentencing laws for certain offenses, which can increase the severity of the penalty.

Possible Defenses Against Constructive Possession Charges

 

What are the Common Defenses Against Constructive Possession Charges?

Common defenses against constructive possession charges include lack of knowledge or intent, lack of control over the item or substance, and a violation of the individual’s constitutional rights during the search and seizure process.

How Can an Attorney Help You Defend Against Constructive Possession Charges?

An experienced attorney can help you build a defense against constructive possession charges by examining the evidence against you and identifying weaknesses in the prosecution’s case. They can also negotiate with prosecutors to reduce charges or seek alternative sentencing options. Ultimately, having a knowledgeable attorney on your side can help ensure that your rights are protected throughout the legal process.

Examples of Constructive Possession Cases in Michigan

Constructive possession is a legal term that refers to the possession of an item that is not physically in one’s immediate possession but is still considered to be under their control. In Michigan, constructive possession can apply to a wide range of items, including drugs, firearms, and other weapons. Some common examples of constructive possession cases in Michigan include:

– A person is found to be in possession of illegal drugs, even though the drugs were not physically on their person. For example, if drugs were found in their car or their home, they could be charged with constructive possession.

– A person is found to be in possession of a firearm that is not registered to them, even though the weapon was not physically on their person. For example, if a firearm was found in their home or their car, they could be charged with constructive possession.

– A person is found to be in possession of stolen property that was not physically on their person. For example, if stolen property was found in their home or their car, they could be charged with constructive possession.

Recent Cases Involving Constructive Possession in Michigan

One recent case involving constructive possession in Michigan was People v. Wethington (2019), where the defendant was found to be in constructive possession of a firearm. The firearm was found in a backpack that was in the defendant’s car. Although the defendant claimed that the backpack did not belong to them and that they were unaware of the firearm, the court ruled that the defendant had constructive possession of the firearm.

Another recent case involving constructive possession in Michigan was People v. McLeod (2019), where the defendant was found to be in constructive possession of drugs. The drugs were found in a car that the defendant was driving, but the defendant claimed that they did not know the drugs were in the car. The court ruled that the defendant had constructive possession of the drugs because they were in control of the car and therefore responsible for any items found in it.

How Have Michigan Courts Ruled in Constructive Possession Cases?

Michigan courts have consistently held that constructive possession requires both control and knowledge of the item in question. In other words, a person must be in control of the area where the item is found and must know that the item is there. However, it is important to note that knowledge can be inferred from the circumstances.

For example, if drugs are found in a person’s car, the court may infer that the person had knowledge of the drugs if they were the only one who had access to the car. Additionally, courts have ruled that constructive possession can apply even if the item in question belongs to someone else, as long as the person in control of the area knows that the item is there and has control over it.

How to Protect Your Rights when Facing Constructive Possession Charges

 

If you are facing charges of constructive possession in Michigan, it is important to understand your rights and take steps to protect them. Some key considerations include:

What Are Your Rights When Facing Constructive Possession Charges?

When facing constructive possession charges in Michigan, you have the right to due process of law, the right to a fair trial, and the right to be presumed innocent until proven guilty. Additionally, you have the right to legal representation, either through a public defender or a private attorney.

How Can You Protect Your Rights When Facing Constructive Possession Charges?

To protect your rights when facing constructive possession charges in Michigan, it is important to work closely with your attorney to build a strong defense. Your attorney may be able to challenge the prosecution’s case by arguing that you did not have control or knowledge of the item in question, or that the evidence was obtained through an illegal search or seizure.

It is also important to be aware of the penalties associated with constructive possession in Michigan. Depending on the nature of the item in question, the penalties can range from fines to jail time. By understanding the potential consequences and working with your attorney to build a defense, you can protect your rights and improve your chances of a favorable outcome.

Conclusion and Final Thoughts on Constructive Possession Laws in Michigan

 

Constructive possession is a complex legal concept that can apply to a wide range of items in Michigan. By understanding the key principles of constructive possession law and working with an experienced attorney, you can protect your rights and build a strong defense in the face of charges.

Key Takeaways from the Article

– Constructive possession refers to the possession of an item that is not physically on a person’s immediate possession but is still considered to be under their control.

– Michigan courts have consistently held that constructive possession requires both control and knowledge of the item in question.

– When facing constructive possession charges in Michigan, it is important to work closely with your attorney to build a strong defense and protect your rights.

What to Do if You Are Facing Charges of Constructive Possession in Michigan

If you are facing charges of constructive possession in Michigan, it is important to seek legal help as soon as possible. An experienced attorney can help you understand your rights, build a strong defense, and protect your interests throughout the legal process.In conclusion, constructive possession laws in Michigan are designed to protect the public from danger and illegal activity. It is important to understand the laws and the potential penalties for violating them. If you are facing charges of constructive possession, it is essential to seek legal representation to help defend your rights. By understanding the laws and possible defenses, you can protect yourself and make informed decisions about your legal situation.

FAQ

What is the difference between actual possession and constructive possession?

Actual possession refers to physically having an item on your person, such as in your pocket or in a bag you are carrying. Constructive possession, on the other hand, refers to having control or access to an item or substance that is illegal or considered dangerous, even if it is not physically on your person. This means that you may be charged with possession of an illegal item or substance even if it is not in your immediate possession.

What are some common defenses against constructive possession charges?

Common defenses against constructive possession charges include lack of knowledge, lack of intent, and lack of control. For example, if you were unaware that a certain item was illegal or if you did not have control over the item, you may be able to successfully argue against the charges.

What are the potential penalties for violating constructive possession laws in Michigan?

The potential penalties for violating constructive possession laws in Michigan can vary depending on the severity of the offense and the type of item or substance involved. Possible penalties can include fines, probation, community service, and even jail time.

How can I protect my rights when facing constructive possession charges?

If you are facing constructive possession charges, it is important to seek legal representation as soon as possible. An experienced attorney can help you understand your rights and options, and can work to build a strong defense on your behalf. It is also important to be honest and cooperative with law enforcement, but to refrain from making any statements or admissions until you have spoken with an attorney.

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