Many criminal cases in Ohio hinge on the concept of possession. This is particularly common in cases that involve drugs. Some people believe that being in possession means that the items in question were found on the person, but that’s not always the case.
In Ohio, there are two distinct forms of possession: actual and constructive. Both of these can apply to criminal cases, but actual is much more clear-cut than constructive.
Active versus constructive possession
Actual possession is straightforward. If you’re caught with drugs in your hand, pocket or bag, that’s actual possession. You have direct, physical control over the substance or item in question.
Constructive possession is where things get tricky. This applies when drugs aren’t on your person, but you have the ability to exercise control over them. For example, if drugs are found in your car’s glove compartment or your bedroom drawer, prosecutors may argue you had constructive possession.
When you consider both forms of possession, a case can hinge on you having the item in question on your person, but it can also mean that you had access and control over it. There are cases in which things get even more complicated, such as when the item was found in a shared space. Fingerprints, confessions of ownership and similar facts may come into the picture then.
When possession is a critical fact in the criminal case, it’s important to tailor a defense strategy to address that matter. It may be beneficial to have someone assist with preparing this because of the complexity of these cases.