Posession Charge

Criminal Defense Attorney for Possession Charges

What does this charge mean?

There are 2 types of possession in Arkansas – actual and constructive: 

Actual Possession of a thing is direct physical control over it. 

Constructive Possession exists when a person, though not in actual possession of a thing, has the right to control it and intends to do so, either directly or through another person(s). 

If two or more people share possession (either actual or constructive), they can both be found to be “in possession.” Possession isn’t defined as “actual ownership” anywhere in Arkansas law. 

Simple possession (or personal use) is usually the lowest level of drug crimes. It’s generally a small amount of a controlled substance that could not reasonably be considered enough to sell. Possession with intent is when a person possesses a controlled substance, and evidence shows that they intended to distribute it. Possession with intent can also mean that a person possesses a certain weight of a controlled substance that the law automatically assumes there is an intent to distribute, manufacture, etc. Possession with intent is more serious and is treated more harshly than simple possession. 

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Benton, AR 72015