If you are a felon and you have a gun in your pocket, then you are committing a Violation of the Uniform Firearms Act. Physical possession is relatively simply. However, constructive possession, unlike physical possession, can be difficult to explain and for jurors to understand. In cases where the defendant is facing gun charges or drug charges, constructive possession is often a defense at trial even if the motion to suppress was unsuccessful. What is Constructive Possession?Ĭonstructive possession is a legal doctrine which allows prosecutors to bring criminal charges and potentially obtain convictions for possessory offenses like drug possession and a Violation of the Uniform Firearms Act (“VUFA”) in cases where the contraband was not actually found physically on the defendant. In that case, the doctrine of constructive possession may come into play, and it may provide a strong defense in your case.
Although this sounds simple in theory, possession can often be difficult to prove because police and other law enforcement officers often find contraband which is not physically on someone. This means that the government must prove that the defendant possessed the thing beyond a reasonable doubt. When a defendant is arrested and charged with a possessory offense, the actual possession of the contraband in question is an element of the offense. For example, state and federal law may make it illegal to possess drugs, guns, and other types of contraband under all sorts of different circumstances. Pennsylvania and United States law make the possession of all sorts of substances and objects illegal.
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