Suppose a friend asks you to hold onto a package while they run some errands, claiming they’ll pick it up later that night. You agree without thinking twice because friends help each other out.
Days later, police officers knock at your door with a search warrant and discover illegal pills inside that same package. Now, you face serious drug charges despite never purchasing those substances yourself. This scenario happens more often than you might think, and Virginia courts don’t simply accept “they weren’t mine” as a defense.
What constructive possession means for you
Drug charges don’t require you to physically purchase or own illegal substances to face serious consequences. Here are some key elements to keep in mind:
- Knowledge: Prosecutors try to prove you knew about the drugs in your possession by pointing to factors like unusual packaging, suspicious behavior from the person who gave them to you, or your familiarity with drug culture.
- Control: Having access to and authority over drugs matters more than ownership in court, so storing pills in your medicine cabinet or keeping a package in your closet demonstrates legal control regardless of who paid for them.
- Proximity: When police find drugs near you, especially in spaces only you access, this creates a strong connection between you and those substances that becomes difficult to dispute later.
- Ownership of property: Your name on a lease, mortgage, or vehicle registration creates an immediate presumption that you know about items found within that property, forcing you to explain why you remained unaware of drugs there.
Virginia judges consider all these factors together when determining if you possessed drugs, and penalties range from probation to years behind bars depending on substance type and your prior record.
What if I didn’t know they were illegal drugs?
Your awareness about what you are keeping can be a key part of your defense strategy. Claiming you thought the baggie contained baking powder or believed the pills were vitamins might work in some cases, but courts examine:
- Whether someone in your position should reasonably have suspected something illegal
- If you deliberately avoided asking questions about what you agreed to hold
- How the items appeared when police discovered them
- Your relationship with the person who gave you the substances
Many people find themselves facing charges because they did a favor without asking questions, but Virginia law expects adults to exercise reasonable caution about items in their possession.
Getting legal help immediately after drug charges gives you the best chance to fight constructive possession allegations and protect your future opportunities.