If you’re facing criminal charges or want to know your rights in California, it’s critical to understand the concept of constructive possession. Unlike actual possession, where you physically hold or carry an item, you can be charged with constructive possession when the illegal items is not on you, but you have control, access or knowledge of it. In places like Riverside County and throughout the Inland Empire, prosecutors often use this theory in drug, firearm, or contraband cases.

What is constructive possession?

Under California law, possession of an illegal item doesn’t always require that you’re literally holding it. Constructive possession occurs when a person has “dominion and control” over the area where the item is found, and knowledge of the item’s presence. For example, if drugs are found in your car or in a lockbox you control. While you were not actually holding the drugs in your hand, they are still in a place that belongs to you.

Another example would be your friend in the passenger seat of your car having an illegal item on them. Since the car is in yours and your are driving it, you could be charged with constructive possession, because an officer might assume you are aware of the drugs. 

Constructive possession vs. actual possession

It is important to know your rights, therefore, we’ll discuss the key differences:

• Actual possession means you physically hold or carry the item (e.g.: drugs in your pocket)
• Constructive possession means the item is somewhere you control (e.g.: your home or your car), and you knew it was there or should have known it was there

So simply being near the contraband isn’t enough for constructive possession – the prosecution must show:

1. You had access or control
2. You knew (or should have known) the item was there
3. You knew it was illegal (in many cases)

Penalties for constructive possession

Constructive possession cases are serious. Even without physically holding the illegal item, a conviction can result in harsh penalties in California. For drug cases, possession under California Health & Safety Code Section 11350(a) (and related provisions) may apply, and prosecutors may treat “constructive” cases similarly to “actual” possession.
In firearm cases for instance, under Penal Code 29800 and related statutes, a felon found to “constructively” possess a firearm (even if not carrying it) may face felony charges, long prison terms, and loss of civil rights. If we follow the above example, if four people are in a car, and someone has a gun – who truly possesses it? This is when constructive possession comes into play.

Defenses for constructive possession in California

Facing a constructive possession allegation doesn’t mean all hope is lost. Defense strategies often focus on showing one or more of the required elements are missing:

• Lack of control or access: You did not have dominion over the space or item
• Lack of knowledge: You genuinely did not know the item was present or you had no reason to know it was illegal
• Illegal search and seizure: If law enforcement violated the Fourth Amendment (e.g., improper search of car/home), evidence may be suppressed. 
• Multiple people shared access: If the space was shared, the prosecution may struggle to prove you had exclusive control

It’s important to act quickly. If you’ve or someone you know has been accused of constructive possession in Riverside County or Los Angeles County, contact an experienced criminal defense attorney as soon as possible. A lawyer can preserve evidence, document who had access or was present, and challenge the prosecution’s assumptions.

Know your rights in California

If you or a loved one are confronted by law enforcement in Riverside County (or across the Inland Empire), remember these rights:

• You have the right to remain silent — anything you say may be used against you
• You have the right to a lawyer — request one immediately
• You can (and often should) refuse consent to a search — especially if you do not understand the scope of the search
• Even when you didn’t physically hold the item, you may still face charges for constructive possession — so don’t assume “I didn’t touch it” is a full defense

How Inland Empire Criminal Defense can help

If you’re facing a constructive possession charge in Riverside County or in the Inland Empire, you need tenacious representation from a local attorney. At Inland Empire Criminal Defense, we are a five-star reviewed criminal defense practice based right here in Riverside County, with a long history of successfully defending clients against construction possession, drug-possession, and firearm-possession charges. Your first consultation is free – contact us today at (909) 345-1613.