Louisville, CO asked in Criminal Law for Virginia

Q: If a bag of illegal contents is found away from a man in a public place, how can one person be charged with possession

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2 Lawyer Answers
Ali John Amirshahi
Ali John Amirshahi

A: Is this a follow up to the last question?

The answer is- they can be charged, but it's harder to prove.

For example if the person charged's ID is in the bag of "Illegal contents" the police may try to charge the person.

I think they would need something more than that- perhaps they have evidence that the person was seen with the bag, or just left the area and no one else

Is around. Hire an experienced attorney. There are too many variables here.

Steve Miyares
Steve Miyares
  • Criminal Law Lawyer
  • Norfolk, VA
  • Licensed in Virginia

A: There are two types of possession: actual and constructive.

Actual possession is exactly what it sounds like, the item is on your person.

Constructive possession is when the item is not found on your person. There are two elements to constructive possession. First, the item is found in an area that is subject to your dominion and control. Second, there ae acts or statments or other evidence tending to show that you knew the item was contraband.

There are many potential factors and issues in cases of constructive powwession. You should consult your own attorney about the specifics of your case.

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