Your heart sinks as an officer searches your car or your home. It’s a profound violation of your privacy, made worse when they pull out a small bag or container that you have never seen before. Suddenly, your world is upside down. Law enforcement is questioning you about drugs that do not belong to you, and your disbelief quickly turns to fear.
The injustice of the situation is overwhelming as you face a criminal charge for someone else’s mistake. At Petersen Criminal Defense Law, we understand that good people often find themselves in difficult situations. We are here to defend you, not to judge or lecture you. Our goal is to protect your rights and fight for your freedom.
Can I be arrested for drugs that belong to someone else? Unfortunately, the answer to this question is yes, you can. Nebraska law allows police to arrest someone for the legal concept of constructive possession. While it may seem unfair, understanding this principle is the first step toward building a strong defense against a wrongful drug charge.
What Is the Difference Between Actual and Constructive Possession?
Most people think of drug possession in terms of actual possession. Actual possession is the most straightforward type of possession, where illegal substances are found directly on your person, such as in your pocket, wallet, or backpack. However, the law extends further. Constructive possession applies when drugs are not on your person but are in a location near you or one you share with others, like an apartment or shared car.
For example, if law enforcement finds drugs in the center console of a car you’re driving, the prosecution might argue you had constructive possession because you knew they were there and controlled that part of the vehicle. Even if a passenger claims ownership of the drugs, the police can still charge you and allow the courts to sort out the facts later.
Can You Be Charged with Possession If You Didn’t Know There Were Drugs On or Near You?
No, you should not be. But if the officers aren’t sure about your level of knowledge, again, they could charge you and let the judge sort it out later. However, lack of knowledge is a viable defense.
A critical element for a possession charge is knowledge. The prosecution carries the entire burden of proving that you knew the drugs were there. If they cannot meet this high legal standard, a conviction should not stand. The purpose of a strategic legal defense is not to prove your innocence, but to dismantle the prosecution’s case.
An experienced attorney will challenge the State’s evidence and arguments, working to create the reasonable doubt necessary to protect you from a wrongful conviction.
Can You Get in Trouble If Your Friend Has Drugs?
A common situation where innocent people face serious charges is when they are with someone who has drugs. If a friend leaves drugs under their seat in your car and you get pulled over, the police might arrest you because you own and control the vehicle. Therefore, yes, you can be arrested for drugs that belong to someone else. The same applies if a guest leaves drugs in your apartment.
In these situations, prosecutors often charge anyone with access to the location containing the drugs. However, if they feel they do not have enough evidence to prove knowledge of and control over the drugs, they could dismiss the charges. If they don’t dismiss, your lawyer can argue that they did not meet their burden of proving knowledge and control, and the jury could find you not guilty at trial.
How to Prove the Drugs Are Not Yours
The burden of proof in a criminal case always lies with the prosecution. In other words, you do not have to prove anything as the accused. The entire burden of proving each element of the crime falls on the prosecutor. Therefore, the defense strategy involves challenging the prosecution’s evidence of possession.
We scrutinize every detail to weaken the State’s argument, including:
- Were other people present, or did others have access to the location?
- Where exactly were the drugs located?
- Were the drugs hidden or in plain sight?
- Did anyone else claim ownership of the drugs at the scene?
By thoroughly examining these factors, we can build a compelling case that the drugs did not belong to you and that you had no knowledge of their presence.
Why Choose Petersen Criminal Defense Law?
When your future is on the line, you need a defense attorney with a proven record. Tom Petersen founded Petersen Criminal Defense Law in 1995 and has since taken on over 8,000 criminal cases. His commitment to his clients has earned him recognition as one of the National Top 100 Lawyers and one of the Top 50 defense attorneys in Nebraska.
Take Control of Your Defense Today
Being accused of a drug charge for substances that aren’t yours can feel overwhelming. You don’t have to face it alone. Reach out to Petersen Criminal Defense Law for a free, no-obligation consultation to discuss your case and see how we can assist you.
Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.
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