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Can I Be Arrested for Drugs That Aren't Mine?

male being arrested

At Appel & Morse, we understand that drug crime cases are often complex. You may have been arrested for drug possession in Southern California after an illegal substance was discovered in your vehicle; however, it doesn’t mean that you are guilty.

What if the drugs belonged to a friend who left them in your car? What if you were borrowing someone else’s car? While all signs may point to you, perhaps you were just in the wrong place at the wrong time.

Actual Possession vs. Constructive Possession

In any possession case, prosecutors need to establish that the drugs belonged to you in one of two ways: actual possession or constructive possession.

Actual possession means that the drugs were on your person when they were found by law enforcement. Constructive possession means that you were aware of their presence, but not actually holding the drugs. In other words, you knew – or should have known – that the drugs were either on your property or that you possessed the ability to exercise control over them.

Let Our Santa Barbara Criminal Defense Attorney Help You

If you are facing drug possession charges in Ventura County, our legal team is committed to helping you get the results you want. We can investigate your arrest, collect evidence, as well as build an effective and personalized defense strategy just for you. Appel & Morse will make sure that your side of the story is heard.

Contact us and schedule a free criminal consultation today.

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