Tampa Drug Possession Lawyer - Clearwater Criminal Defense Attorney

What is Possession?
Criminal possession is simply defined as possessing marijuana. The concept of 'possession' is
not so simple. The law breaks possession down into two, distinct categories:

Actual Possession
This is exactly as it sounds: possessing the marijuana on your person. This means marijuana is
found in your pockets or being carried on your body. If this is the case, then the ultimate
questions becomes wether or not the police had a valid reason to search you. More about this
question later.

Constructive Possession
Constructive Possession is a little known and somewhat complicated concept. To prove
constructive possession the Government must prove 3 things:
1. You had 'dominion and control' over the marijuana;
2. You knew about the existenct of the marijuana;
3. You knew about the elicit nature of the marijuana.

Believe it or not, constructive possession is not easy to prove. Often times, constructive
possession comes into play when the police discover marijuana in the common areas of a car
occupied by more then one person. When the marijuana is found in the glove box or under a
seat, one question usually remains: did you admit to knowing about the marijuana?

Important: Often times when find marijuana in the common area of a car occupied by multiple
passengers they coerce one person to admit to the possession in order to save the rest from
being arrested. We often see this situation when a boyfriend and girlfriend, or family members
are travelling together. One person admits to the crime to save the rest. While admitting is
probably the most convenient thing to do at the time. It is a killer for your case. Immediatley
asking for an attorney is the best thing you can do for your future.

Government Burden of Proof
No matter how big or small the case, the Government's burden is the always the same. Every
American is presumed innocent until proven guilty. Therefore, the Government must prove your
guilt beyond and to the exclusion of ever reasonable doubt. While the court does not assign this
burden of proof a numerical percentage, prosecutors and defense attorneys consider the
Government's burden of proof to be the equivalent of 95% certainty.

Legal Experience a Must
Too often, the police and Government prove their cases through the use of heavy handed tactics.
Do not let this happen to you. Hire our experienced lawyers to make sure the government does
not change the facts of your case to get their conviction.