Drug Crime Lawyer Grand Rapids, MI
If you’re looking for a successful drug crime lawyer in Grand Rapids, Michigan, call Blanchard Law.
When you think of someone being arrested for drug possession, you may think of a situation where the police stop the person, and after searching him, find illegal drugs. In these cases, the person’s possession of the drugs seems straightforward. But confusing situations occur when police do not find the drugs on the actual person and still are able to charge them with possession of a controlled substance.
The skilled team at Blanchard Law is ready to work with you on your case. As a drug crime lawyer in Grand Rapids, MI, Blanchard Law has helped defend many accused residents and put their lives back on track.
In Michigan, it is illegal to be in possession of a controlled substance unless you have a valid prescription. When you are arrested and charged with possession, one of the things the prosecution has to prove is that you were in possession of the drugs.
As a drug crime lawyer in Grand Rapids, MI, the professional team at Blanchard Law is well versed in drug laws. Drug laws typically define possession as having physical possession or otherwise exercising dominion or control over tangible property – in this case drugs. This definition can be broken down into actual and constructive possession.
Actual versus Constructive Possession
Actual possession means actually having direct or physical control of the controlled substance; for example, on your body. Constructive possession is defined as having the drugs in a place that is under your dominion and control; that is, indirect possession.
Dominion and control as used to define constructive possession in this context are legal terms, and how these terms apply to your situation would be determined by the judge in your case. For example, if drugs are found in your apartment, and you are the only one on the lease, the judge may decide that you have dominion and control of the apartment. This is true if drugs are found in a car that you are driving and have had for a period of time. However, this is a presumption that your attorney can argue and present evidence against.
If you have roommates or long-term guests staying with you, then it is not reasonable to conclude from the lease alone that only you have dominion and control of the apartment, especially if the drugs are found in common areas of the apartment to which all members of the household have access. This is a non exclusive possession situation, where the other people could also have been in control and dominion of the premises.
In the shared apartment context, there must be other evidence tying you to the drugs found. It is generally not enough that you were there alone at the time the drugs were found; there has to be a better link between you and the drugs.
In addition to proving that you possessed a controlled substance, the state has to prove that you knowingly possessed the drugs. Without direct evidence, the prosecution can rely on circumstantial evidence, and this could include something you claim when you are arrested. It is therefore important to remain silent when arrested so as not to give the prosecution evidence against you.
Contact a Drug Crime Lawyer in Grand Rapids, MI
If you are charged with drug possession, you should contact an attorney with experience working on drug possession cases. Contact Blanchard Law today for a consultation and to discover how we can help you. If you need a drug crime lawyer in Grand Rapids, MI, you can trust that Blanchard Law will be on your side.