possession

6+ Legal Defenses: What is Possession of a Controlled Substance?

by
what is possession of a controlled substance

6+ Legal Defenses: What is Possession of a Controlled Substance?

The unlawful holding or control of illegal drugs or substances regulated by law represents a violation of statutes aimed at preventing drug abuse and protecting public health. For example, if an individual is found to have heroin in their pocket during a traffic stop, that person could be charged with a crime.

Enforcement of these prohibitions is critical for maintaining community safety and preventing the spread of addiction. Historically, laws restricting access to certain substances have been enacted to mitigate their negative impact on individuals and society, often rooted in concerns about public order and well-being.

Read more

6+ What is Constructive Possession? [Explained]

by
what is constructive possession

6+ What is Constructive Possession? [Explained]

The legal concept concerns control over property or an item without having it physically in one’s hand. It signifies that a person, although not physically possessing something, has the power and intention to control it. For instance, an individual who stores illegal substances in a safe deposit box to which they hold the key exercises such control, despite the substances not being on their person.

This legal principle is significant because it broadens the scope of liability in criminal and civil cases. It prevents individuals from evading responsibility by simply hiding illicit materials or contraband. The concept has historical roots in property law and has expanded to encompass other areas such as drug offenses, weapons charges, and intellectual property disputes. Its application allows for a fairer allocation of responsibility and accountability.

Read more