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Actual Vs Constructive Possession Case Study

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Actual vs. Constructive Possession in VA
Federal and state laws classify possession of many dangerous or detrimental items criminal, which includes firearms, and other munitions, stolen property, and burglary tools. The possession of narcotics is also classified as a criminal offense, and making possession a crime, allows individuals to be arrested and convicted without having to prove that they use or sell the prohibited substance. Virginia is recognized as a state that treats drug possession harshly, and if you are convicted, you can expect to be prosecuted to the highest letter of the law. Criminal prosecution for illegal possession in Virginia requires proof beyond a reasonable doubt, that the defendant had actual or constructive possession …show more content…

The court’s general rulings on these types of defenses follow the presumption that narcotics have significant value, and people rarely just throw them away, or leave them behind.
How the State Builds a Constructive Possession Case
The state must compile a significant number of facts and circumstances to prove possession, when they don’t have actual physical contact evidence. Fortunately, for those truly innocent defendants, who were in the wrong place, at the wrong time, the state must possess abundant circumstantial evidence that overwhelmingly proves the link between the defendant and the contraband. To succeed in a constructive possession case, the state generally …show more content…

Specific observations of any noticeable odors
5. Presentation of specific items that signify dominion and control, which may include papers, keys, or personal documents
Criminal Charges
Every state has regulations regarding the possession of controlled dangerous substances (CDS), though precise definitions and penalties vary. In Virginia, not only are marijuana, cocaine, and heroin classified as CDS; the classification includes the compounds used to manufacture them. Virginia classifies drugs according to the federal schedule, where the seriousness of the charges depends on how dangerous, and addictive, the federal government has established the substance to be. Virginia applies the following penalties according to the federal schedule:
1. Class 5 felonies that carry the possibility of ten years in prison, and fines up to $2,500
• Schedule 1 involves the possession of drugs such as heroin, ecstasy, LSD, and GHB
• Schedule 2 possession of drugs such as methamphetamine, morphine, PCP, methadone
2. Misdemeanors
• Schedule 3 covers many prescription drugs including Vicodin, Ketamine, Hydrocodone, and steroids. This is a Class 1 misdemeanor offense, and convictions include a possible jail time of 12 months, and fines up to

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