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ACTUAL vs. CONSTRUCTIVE POSSESSION
The concept of Actual Possession is very simple: Actual possession is Marijuana found on a person.
The concept of Constructive Possession is much more complicated. Constructive possession occurs when the marijuana is not found on a person. Rather, the marijuana in question is found in another location or common area.
CONSTRUCTIVE POSSESSION: GOVERNMENT'S BURDEN OF PROOF
When charged with constructive possession, the government must prove 3 things beyond and to the exclusion of every reasonable doubt:
1. The marijuana was within the person’s dominion and control;
2. The person new of the existence of the marijuana;
3. The person knew of the illicit nature of the marijuana.
Keep in mind that the law says more then 1 person can be in possession of the marijuana at one time.
SWORN MOTION TO DISMISS
Constructive possession cases are often subject to Sworn Motions to Dismiss because they lack proof as to element number 1. The issue of dominion and control requires more evidence then the marijuana simply being within a person's reach. Items #2 & 3 are not subject to such motions to dismiss because the issue of knowledge is always left to a jury to decide.
LEGAL EXPERIENCE A MUST
Often times the police and government cure such defects in their case threw deceit and unfair play. Do not let this happen to you. Hire our experienced lawyers to make sure the government does not change the facts of your case to avoid its dismissal.
Consult with our lawyers today to determine whether or not your case is subject to a Motion to Dismiss.
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