Can You Be Charged with Possession If It’s Not Your Drugs?
Facing a drug possession charge can be overwhelming, especially if the drugs weren’t yours. Many people assume that if they don’t own or use the drugs, they cannot be held responsible. However, under Washington law, you can still be charged through a legal concept called constructive possession, meaning that even if the drugs were not physically on you, you could still be held accountable if law enforcement believes you had access to or control over them.
How Washington Defines Drug Possession
In Washington, drug possession falls under two categories: actual possession and constructive possession. Actual possession means the drugs were found on your person, such as in your pocket, purse, or backpack. Constructive possession, however, means that the drugs were found in a place where you had access or control, such as a shared vehicle, home, or even a bag near you. This means you could still face charges even if you were unaware of the drugs or if they belonged to someone else.
Common Situations Where You Could Be Charged
There are many ways in which an innocent person could end up facing drug possession charges. If you are in a car with others and drugs are found, law enforcement may assume that everyone in the vehicle had knowledge of or control over the substances. Similarly, if drugs are discovered in a shared residence, prosecutors may argue that any person living there could be responsible. Even if you borrowed a jacket, bag, or car containing drugs without knowing, you could still be arrested and charged.
Defending Against Wrongful Possession Charges
If you have been accused of possessing drugs that were not yours, you need an aggressive legal defense. A strong attorney can argue that you had no knowledge of the drugs, that they were found in a common area without clear proof they belonged to you, or that law enforcement conducted an unlawful search and seizure. Since possession charges often rely on circumstantial evidence, a skilled lawyer can challenge the prosecution’s case and create reasonable doubt.
Why You Need the Law Office of Erin Bradley McAleer
A drug possession conviction can have severe consequences, including fines, probation, jail time, and a permanent criminal record that impacts your future. At the Law Office of Erin Bradley McAleer, we have extensive experience defending clients against wrongful drug possession charges. We understand the complexities of Washington law and will fight to protect your rights.
If you are facing drug possession charges for something that wasn’t yours, don’t leave your future to chance. Call the Law Office of Erin Bradley McAleer today for a consultation and let us help you build a strong defense.