Commonwealth must prove three things beyond a reasonable doubt:
First: That the substance in question is a controlled substance
Second: That the defendant possessed some perceptible amount of that substance
Third: That the defendant did so knowingly or intentionally.
Possession is defined legally in two ways;(1) "actual" possession (i.e.: on your person) and(2) "constructive" possession which means anywhere 'within your control.'
Proof of possession of a controlled substance typically requires physical evidence such as drugs found on the person, in their belongings, or in their control. This evidence is usually gathered through a search conducted by law enforcement or through other means such as witness testimony or surveillance. Additionally, evidence like drug paraphernalia or residue can also support the charge of possession of a controlled substance.
It means that whatever it was that you are being charged with was either on your person or within close enough proxmity to you to be under your control.
A charge of theft control intent is a shortened version of possession of stolen property with intent to sell. This means that a person was caught red-handed with a stolen item and there is evidence to believe that the person was trying to sell it.
When a person has direct physical control over an object, it is called physical possession.
"Possession" in the law does not necessarily mean having it on your person. Possession refers to the exercise of your 'dominion' (e.g.: within your power, control, or ability to readily access, something).You may "possess" something by having it on your person, or by its nearness or closeness to you, or by your ready access to it.
Mere possession the physical control or possession that a person has on an object. This type of possession has nothing to do with who lawfully owns the object.
Prove you were not the person in possession or that you didn't know it was drugs, or that it wasn't actually drugs, or that there is no evidence to show that you were the person in possession of the alleged drugs. Simple.
a person i know was charged with a possesion of a control substance 2 in 1998, what are the charges that this person face and what is the statue of limitations of this charge?
Possession means at any time having on your person or within your control the item that is possessed.
Possession generally means connected to the person, or under their immediate control. If I have a firearm in a backpack, I am not touching it, but it is under my control.
As long as it takes to investigate and gather enough evidence to support the charge.