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Chicago criminal defense attorneyIn last week’s post on this blog, we talked a little bit about the two different types of drug possession. We discussed that actual possession refers to having illegal drugs on your person or in your immediate vicinity while constructive possession refers to the presence of illegal drugs in your home or car. The difference in the two types of possession is a key point in determining whether you could face criminal consequences if a guest or passenger brings illegal drugs into your home or car, but it is not the only consideration. Your knowledge of the situation is also a factor; you cannot stop what you do not know is happening.

Knowledge of the Drug’s Presence

The Illinois Controlled Substance Act provides that it is illegal for a person to knowingly possess a prohibited substance. “Knowingly,” however, is very important part of the law. In seeking a conviction, prosecutors must prove beyond a reasonable doubt that you knew that the drugs were present, whether they were found in your car, your home, or in a purse or backpack. Depending upon the situation, proving your knowledge can be very difficult.

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