Many people assume that you can’t be charged with a crime unless you’re directly caught doing something illegal—especially in cases like drug possession. But under Florida’s constructive possession laws, you can face serious charges even if you weren’t physically holding the drugs or weren’t the one behind the wheel. Simply being in proximity to illegal items or substances may be enough to result in an arrest—and a potentially life-altering prosecution.
Understanding how constructive possession works is critical if you or someone you know has been charged. In this blog, we’ll break down what this term means, what prosecutors must prove, and how a strong legal defense can make a difference.
Disclaimer: The information provided in this blog is for general educational purposes only and is not intended as legal advice. If you have questions about your specific case or need legal help, please contact an attorney directly.
What Is Constructive Possession in Florida?
Under Florida law, “possession” can fall into two categories: actual possession and constructive possession. Actual possession is straightforward—you have the illegal item on your person (e.g., in your pocket or in your hand). Constructive possession, however, means that you don’t physically have the item, but the state argues that you had both knowledge of its presence and control over it.
Constructive possession often comes into play in cases involving drugs, weapons, or stolen property—especially when those items are found in shared spaces like a car or a home.
Common Examples of Constructive Possession Charges
Let’s say you’re riding in a friend’s car, and law enforcement finds illegal drugs in the glove compartment or under a seat. Even if the drugs weren’t yours—and even if you didn’t know they were there—you might still be charged under constructive possession if police believe you had access to or control over the area where the drugs were found.
Other common scenarios include:
- Drugs found in a home or apartment you share with roommates
- A firearm discovered in a shared closet or nightstand
- Illegal items located near your belongings or within your “reach”
What Must the State Prove?
In order to convict someone of constructive possession, the prosecution must prove two main elements beyond a reasonable doubt:
- Knowledge – You were aware of the presence of the illegal item
- Control – You had the ability to control or access it
Just being near the substance or object is not enough. If other people had access to the same space—or if the item was in a hidden area that you weren’t aware of—those facts can be used in your defense.
How We Defend Constructive Possession Cases
These types of cases are often built on assumptions rather than clear evidence. At The Law Office of Darrin E. Johnson, we carefully examine the circumstances of your arrest to challenge those assumptions. This may include:
- Showing that the item was in a shared or public space
- Demonstrating lack of fingerprints, DNA, or other physical evidence linking you to the item
- Questioning whether the search that uncovered the item was legal
- Presenting evidence that you had no knowledge or control over the area in question
Constructive possession cases can often be weakened or even dismissed when we force the prosecution to meet its full burden of proof.
Proximity Isn’t Proof—You Still Have Rights
Being near something illegal doesn’t automatically make you guilty. Yet, under Florida’s constructive possession laws, you can be charged and prosecuted based solely on where you were and what officers believe you “should have known.” If you’ve been charged with possession and you weren’t even holding the item in question, don’t make the mistake of trying to explain your way out—speak with an experienced defense attorney immediately.
At The Law Office of Darrin E. Johnson, we defend clients against drug possession, firearm charges, and other criminal accusations—especially those based on questionable or circumstantial evidence. Contact us today for a free consultation, and let us help you protect your future and your rights.
