Constructive Possession In Georgia Drug Cases: What It Means And How To Fight It
When you’re facing drug charges in Georgia, the law doesn’t always require that drugs be found in your pocket or your hand for you to be charged. Under Georgia law, you can still be prosecuted if the state believes you had what’s called “constructive possession” of the drugs. This concept confuses many people, and rightfully so. As a criminal defense attorney serving Marietta and surrounding counties, I’ve helped many clients who were arrested even when they didn’t physically have drugs on them. Understanding what constructive possession means, and how to challenge it, can make the difference between a conviction and a dismissed case.
Constructive possession happens when prosecutors argue that you had knowledge of the drugs and the power or intent to control them, even if they weren’t physically on your person. That might be drugs in a car’s glovebox, hidden under a seat, or inside a home or hotel room. Georgia courts have made it clear that more than just proximity is required. The state must prove that you knew the drugs were there and had the intent or ability to control them.
This is where things get complicated, and where a strong legal defense is critical. Georgia law, under O.C.G.A. § 16-13-30, makes it a felony to possess, distribute, or manufacture a controlled substance. However, the statute doesn’t draw a hard line between actual possession and constructive possession. That means the state often relies on circumstantial evidence, and that opens the door for a strong challenge to the charges.
How Prosecutors Try To Prove Constructive Possession
If you’re arrested for drugs that weren’t found directly on you, the state will likely use circumstantial facts to argue that you were still responsible. For example, if you’re driving a car where drugs are found under the passenger seat, they may argue that you had control of the vehicle and should have known the drugs were there. If the drugs were found in a shared home, the prosecution may point to personal items found near the drugs or to your presence in the room.
But the courts have also made it clear that just being near drugs isn’t enough. In Smith v. State, 279 Ga. App. 452 (2006), the Georgia Court of Appeals reversed a conviction because the evidence only placed the defendant near drugs in a car, but didn’t prove he had control or knowledge. This is why I always tell clients that the state must show more than just presence, they must prove awareness and control.
Common Scenarios Where Constructive Possession Is Alleged
One of the most common situations I see is traffic stops. Let’s say you’re pulled over for a traffic violation, and during a search, the officer finds drugs in the back seat or glovebox. You might be charged even if you had no idea the drugs were there, especially if the vehicle belongs to you or you’re the driver. The police may assume ownership or control, and it’s up to your defense to challenge those assumptions.
Another scenario is a group setting, multiple people in a car or room where drugs are found. Prosecutors may try to pin the drugs on everyone present. That’s where a defense lawyer can argue that the state has failed to prove who had control or knowledge of the drugs.
How We Fight Constructive Possession Charges In Georgia
Our job is to force the state to prove every part of the case. We begin by challenging the search and seizure. If the search violated your Fourth Amendment rights, we may be able to get the drugs thrown out as evidence. We also attack the state’s claims that you knew about the drugs or had the ability to control them.
In many cases, we bring forward facts that show you didn’t live at the property where the drugs were found, or that others had equal or greater access to the area. If you were a passenger in someone else’s car, we emphasize that you had no control over the vehicle. Every detail matters, and it’s our job to make sure your side is heard.
Constructive Drug Possession Frequently Asked Questions
What Does Constructive Possession Mean In Georgia Drug Cases?
Constructive possession means you didn’t physically hold the drugs, but the state believes you had knowledge and control over them. This often comes up when drugs are found in a shared car, home, or space. Prosecutors must show that you were aware of the drugs and had some power to manage or use them.
Can I Be Charged If Drugs Were In Someone Else’s Car Or House?
Yes, but the state has to prove more than your presence. If drugs were in a friend’s car or a house you were visiting, prosecutors must show you knew about the drugs and had the ability to control them. Simply being near drugs is not enough under Georgia law.
What If I Was A Passenger In A Car Where Drugs Were Found?
Being a passenger complicates the issue for prosecutors. They still must prove you knew the drugs were there and had control over them. If we can show you didn’t own the car, weren’t driving, and didn’t interact with the drugs, that can weaken the state’s case significantly.
Is Constructive Possession Treated The Same As Actual Possession?
Yes. Georgia law treats constructive possession the same as actual possession in terms of penalties. Whether the drugs were in your hand or hidden nearby, if the court believes you had control over them, you can face felony charges under O.C.G.A. § 16-13-30.
Can The Police Charge Everyone If Drugs Are Found In A Shared Space?
They often do. In group settings, cars, hotel rooms, apartments, officers may charge everyone
present. But that doesn’t mean those charges will hold up in court. Each person’s access, proximity, and behavior are evaluated individually to determine who had constructive possession.
How Do You Defend Against Constructive Possession Charges?
We start by reviewing how the drugs were discovered and whether the search was legal. Then we
look at where the drugs were found, who had access, and whether any evidence links you specifically to the drugs. Without clear proof of knowledge and control, the state’s case can fall apart.
What Are The Penalties For Constructive Possession Of Drugs In Georgia?
Penalties depend on the type and amount of drugs. Felony drug possession can lead to one to fifteen years in prison for a first offense. Repeat offenders face even harsher penalties. If the drugs are linked to intent to distribute or trafficking, the consequences increase dramatically.
What If The Drugs Weren’t Mine And I Didn’t Know They Were There?
That’s a common and valid defense. We use your statement, witness testimony, lack of fingerprints, and other evidence to show you weren’t aware of the drugs. If the prosecution can’t prove knowledge and control beyond a reasonable doubt, you should not be convicted.
Call The Mazloom Law Firm, LLC For Help With Constructive Possession Charges
Drug charges based on constructive possession can feel unfair, especially when you weren’t even aware that drugs were nearby. But the law requires the state to prove more than just your presence. That’s where we come in. At The Mazloom Law Firm, LLC, we build strong defenses that challenge assumptions, protect your rights, and fight to keep your record clean.
We represent clients in Marietta, Atlanta, and across Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, and Rockdale counties. To receive a free consultation, call our Marietta criminal defense lawyer at The Mazloom Law Firm, LLC, by calling 770-590-9837. Let us fight for you.
