My clients often think that if the police did not find the drugs in their possession at the time of arrest, they cannot be convicted. However, this is a false assumption.
Possession of a controlled substance can be actual or constructive. Possession is actual if narcotics are found on your person, you are aware that you are in possession, and, either alone or with others, you have the power and intent to control disposition or use of the narcotics. Constructive possession exists when you do not have actual possession, but still have the intent and capability to maintain control over the narcotics. Only if the prosecution fails to prove beyond a reasonable doubt that you had either actual or constructive possession of drugs will you be found not guilty.
If the police witnessed you drop what they later deemed to be a controlled substance, or if you had control of the item in which the drugs were found, are circumstances that can lead to a finding of constructive possession.
The bottom line is that if the state can link the narcotics to you, you can be convicted. So even if you did not have drugs in your possession at the time of your arrest, it is imperative that you retain an attorney that can zealously defend you in court. A PCS conviction can result in substantial prison time. If you have been charged with possession of a controlled substance in Cook County, contact the Law Offices of M. Fakhoury for a free and confidential case review -- (847) 920-4540.