Possession of methamphetamine

If you have been charged with Possession of Methamphetamine in Charlotte, you need the counsel of a knowledgeable and experienced criminal defense lawyer who is dedicated to achieving the best result possible.  A knowledgeable and experienced criminal defense attorney knows what the State must prove and the consequences of a conviction of Possession of Methamphetamine.  David Q. Burgess, who is available for a free consultation at (704) 377-9800 in Charlotte, is a dedicated, knowledgeable, and experienced criminal defense lawyer who knows what the State must prove and the consequences of a conviction of Possession of Methamphetamine.

In order to prove Possession of Methamphetamine the prosecution must show that the defendant knowingly possessed methamphetamine.  Possession may be either actual or constructive.  Actual possession is where a person has it on his person.  Constructive possession exists where the person does not have it on his person but is aware of its presence and has both the power and intent to control its disposition or use.  More than one person may have the power and intent to control its disposition so that one or more persons may have constructive possession of the methamphetamine.

A person’s awareness of the presence of the methamphetamine and his power and intent to control its disposition or use may be shown by circumstantial evidence alone.  However, that the methamphetamine was found in close physical proximity to the person is not, by itself, enough to show that the person was aware of its presence or had the power or intent to control its disposition or use.  Instead, there must be additional circumstances to show that the person was aware of its presence or had the power or intent to control its disposition or use.  For example, if the methamphetamine was found in a house or a vehicle and that the person exercised control over the house or the car, that would be an additional circumstance from which it could be shown that he was aware of the presence of the methamphetamine and had the power and intent to control its disposition or use.

If you have been charged with Possession of Methamphetamine, call David Q. Burgess for a free consultation at (704) 377-9800 in Charlotte.