At O’Brien & Eggleston PLLC, our Albany criminal defense attorneys know there is much confusion about who can be charged with a drug crime when narcotics are found in the proximity of more than one person.

The reality is that in New York, drug possession can lead to arrest, even if the drugs were not yours, using the legal concept of “constructive possession.” Constructive possession is critical and implies that you had control over the area where the drugs were found or were in proximity to them. Understanding this is vital, as it can help you avoid legal consequences.

Arrested in New York for Drugs

Here, our Albany County defense lawyers explain scenarios where you might be arrested even if the drugs weren’t yours and how we can help.

How New Yorkers Can Challenge Constructive Possession Drug Crime Charges

One of the most common types of constructive possession charges is where drugs are found in a vehicle you are in. Everyone in the car can be charged with possession unless someone takes responsibility for the drugs. This is because it’s assumed that everyone in the vehicle has control over the space where the drugs were found.

Other common forms are:

  • Proximity

If drugs are found in a place you control or frequent, such as your home or car, you can be charged with possession. For example, if drugs are found in your apartment, you might be charged even if they belong to a roommate.

  • Joint Possession

If you are found with drugs in the company of others, you can all be charged with possession, especially if it appears that you were all aware of the drugs’ presence.

However, being arrested does not guarantee a conviction. Someone typically needs to have direct control over the drugs that police officers find for the state to prosecute them for a drug offense based on constructive possession. Those accused of drug offenses, especially felony drug crimes, may want to challenge claims of constructive possession as part of their overall defense strategy.

If you find yourself in such a situation, consulting with a lawyer specializing in criminal defense is crucial. Our Albany criminal defense lawyers play a pivotal role in helping our clients understand their rights and building a solid defense, which can significantly impact the outcome of your case.

Contact Our Criminal Defense Attorney Today

Contact our Albany criminal defense attorneys at O’Brien & Eggleston PLLC today by calling 518-391-2369 or online to ensure your rights are protected from the start, including as early as police questioning. We have a strong track record of producing real results for our clients. Allow us to pursue a positive outcome for your case, too.

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