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What is "Constructive Possession"? If my fingerprints are not on the object, can I still be charged w/constructive possession?

Gainesville, FL |

The police found 2 pills (lorazepam), wrapped in cellophane, in my bedroom when they searched. My boyfriend's friend is epileptic and is prescribed this medicine. He was also on the property at the time of the search, but was in another building (shed). Can I plead not guilty and get this charge dropped?

Attorney Answers 2


Despite no prints on the object you can still be charged with constructive possession. You can plea not guilty and have your lawyer file a motion to suppress the evidence. The police and now prosecutor have to link you to those pills. Pills in your bedroom is not good, but not the end of the world. Who else had access to your bedroom? Where exactly did the police recover the pills? Did you or anyone else make any statements or admissions regarding the pills? These are things your lawyer is going to want answers to.

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It does sound like you have a valid "constructive possession" case. If you are not in "actual possession" of the contraband, the State has to prove your possession by circumstances surrounding it. It also sounds like you have a valid defense at trial. You should contact an attorney to have the case handled before ending up in a trial. Many times you can present your case to the prosecutor and potentially have the charges dismissed. I practice criminal defense in Gainesville so feel free to give me a call.

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