Video instructions and help with filling out and completing Form 2220 Text

Instructions and Help about Form 2220 Text

Music hi this is my caver thank you for asking me what is the difference between actual and constructive possession actual possession means that an item in question be it a weapon drugs body parts whatever form of contraband floats your vote is on your person it could be in your hands it could be in your pocket it could even be concealed inside of your body if you're caught an exclusive actual possession then your knowledge of the presence of the item can be inferred or assumed by a judge or jury constructive possession is a little more complicated not only will the state have to prove that you're in possession but they're also going to have to prove that you had knowledge of the existence of the object in question mere proximity to an object is not going to be sufficient to establish control over it and so mere proximity to an object cannot form the basis of constructive possession in order for the state to prove constructive possession an object has to either be in a place over which you have control or where you yourself have concealed it so if an object is found in a place where you do not have control in order to prove that you had possession the state's going to be required to first establish that one you had knowledge that the object was within your presence and two that you could have exercised control over the object had you chosen to do so two or more people can be in possession of the very same object this is called joint possession so if you and I are sitting on a sofa and a lit marijuana cigarette a joint is burning in an ashtray in between the two of us even though neither one of us is in actual possession we could very well both be in joint constructive possession of the joint thank you for your question I appreciate your having asked it and I invite you to ask me more please remember that at Michael a Haber PA it's all about reasonable doubt and if you liked this video please subscribe we'll be making more Music