Legal Question in Criminal Law in Arizona

Re: methamphetimines

One is responsible for his own possession of illicit drugs. One may be responsible as a conspirator for the possession of the drugs of another. Knowledge is usually the key - and being in the vicinity of the drugs of another, with knowledge, has sent more than one person to prison. Bottom line, don't quibble over definitions, stay away from illegal drugs however they appear. It is difficult to defend against a charge of possession when you are found with drugs, however they arrived in your vicinity.

Re: methamphetimines

In general, the law defines possession as "actual" or "constructive". The core idea of both is that you exercise dominion or control either exclusively or with others over the illegal drug involved. You are in actual possession when the drug is on your person or in the immediate area that you happen to occupy. Constructive possession means that the drug is in a place that is under your control. Although you may be thousands of miles away when the DEA kicks in your door, it is likely you will be found to possess those pot plants they found in your basement. This is constructive possession.

Possession is not to be confused with knowledge which must be proved as a separate element of the offense. If you are not knowingly in possession, you are not guilty. If a drug is planted on your person, or in your house or car without your knowledge, you would have a defense to the charge.

You must also know the illegal character of the substance involved. If you think you have flour but it turns out to be cocaine, you are not guilty. If you think you have cocaine but actually you have meth, you're in trouble.

This answer is not intended to be a statement of Arizona law but rather a description of the legal principles involved in your question likely to be accurate in most jurisdictions.

Re: methamphetimines

Thanks for your inquiry. Cases on this subject suggest that "possession" may be found when there are contraband items on the person, or within the area of custody or control of the person charged.

Culpability depends upon the charges. The prosecution has to prove each element of the charge to "prove" a case against you, based upon the evidence in your case.

What prosecutors do, in my experience, is charge one or more persons who they MAY be able to prove the case against, in the hopes that they will testify against each other and solidify a confession, or conviction. As a result, you may be charged with items that are not yours, but have a connection to you, even if it is slight.