How to win an appeal of a drug or controlled substance possession: A Minnesota Appeals Attorney explains constructive possession
Contrary to popular belief, you do not need to actually possess the drugs to be convicted in the state of Minnesota. There are two theories under which you can be convicted with controlled substance possession: (1) actual possession; and (2) constructive possession. Actual possession is self-explanatory. You have drugs in your pocket, hand, back pack, purse, or otherwise is on your person. But constructive possession allows the State to charge you with controlled substances if you were still exercising control over the drugs even if you didn’t directly have it on you. A typical situation where this arises is if you are the sole occupant of a car, the police pull you over, and there are drugs in the backseat. You can still be convicted for exercising control over what is in the vehicle.
State v. Sam: A Case Challenging Constructive Possession
The situation gets more complicated when there are multiple people in a car. State v. Sam is a great example of how to win an appeal of controlled substance possession case on appeal challenging the sufficiency of evidence for constructive possession. 859 N.W.2d 825 (Minn. Ct. App. 2015). In that case, the defendant was convicted of 5th degree controlled substance possession for methamphetamine that was found in the car. However, on appeal, the defendant argued that he was convicted on only circumstantial evidence and that the evidence he was convicted of was not inconsistent with innocence. Going through the nuances of circumstantial evidence appeals is beyond the scope of this blog post. The defendant pointed out three crucial facts that was inconsistent with guilt: (1) he didn’t own the vehicle; (2) the methamphetamine was in the glove compartment of the car; and (3) there was a passenger in the car. The Minnesota Court of Appeals agreed and reversed the conviction on sufficiency of evidence grounds.
Conclusion
If you or a loved one were convicted of possessing drugs or controlled substances, you should contact a skilled appeals attorney. It’s important for you to act fast because generally the deadline to appeal felony and gross misdemeanor cases is 90 days; and 30 days for misdemeanors. Contact Jack Rice Defense if you want to appeal your case. (651) 447-7650
Peter Lindstrom
Peter is the head of the appellate and expungement departments at Jack Rice Defense. The Minnesota Court of Appeals reversed a felony conviction because of the brief Peter drafted. He has successfully expunged cases involving challenging issues with DWI, felony, and violence against family member cases. At the district court level, he has tried two felony jury trials to verdict, and successfully dismissed a felony gun case on 4th amendment grounds. Peter is particularly known for his intelligence, creativity, and legal acumen.
