As Jacksonville Criminal Defense Lawyers, we have seen thousands of arrest and booking reports in drug possession cases. Many times, people are arrested in a car after JSO pulls the car over for a traffic infraction. After making contact with the driver, police often say they smell marijuana in the car and that justifies their search of the car. If the drugs are not found on any of the passengers or driver, but are found in the car, “constructive” possession of drugs comes into play.
In order to establish constructive possession in Jacksonville, the prosecutor has to prove that you knew of the presence of the drugs and had the ability to exercise control over the drugs. If the drugs are found in the console or glove compartment, the prosecutor has to show independent proof of your knowledge of the drugs and your ability to control the drugs.