There are various ways in which the state can pursue a case against you based on drug or weapons charges, with one of those being a “possession” charge. Many times, the prosecution seeks to do so by proving you had “constructive possession” of the contraband. That often relies heavily on circumstantial evidence, and may be more readily defeated than an “actual possession” charge. With the help of a knowledgeable Maryland criminal defense attorney, you may be able to minimize the persuasiveness of the state’s circumstantial evidence and get the acquittal or dismissal you need.
Here in Maryland, the law has created a four-part method for determining constructive possession. In the example of possession of ammunition, those parts are: (1) Did the defendant have ownership or the legal right to possess the item (such as a car, a home, a desk or a dresser) where the ammunition was found? (2) Was the ammunition located in close proximity to the accused? (3) Was the property item in “plain view”? (4) Was there any evidence of actual possession of the ammunition?
The recent case a Baltimore man recently faced is an example of clearly insufficient evidence of constructive possession. It’s important to remember that, in every element of the criminal charges you’re facing, it is the state that bears the burden of proof. In other words, the prosecutors have to “prove it” rather than your having to negate elements of the crime.