In this series of blog posts, we will discuss common countermeasures against crime in Georgia. If you’ve been charged with a crime (or even if you’re being investigated for a possible crime), it’s crucial that you know how to defend yourself. Some defenses are pretty obvious. For example, you did not commit the crime or someone misidentified you. Or you committed the crime but it was an accident (you lacked the necessary criminal intent). While many countermeasures are a matter of common sense, others are more technical in nature.
Constructive vs. Actual Possession
The doctrine of equal access is more technical in nature, but is an extremely important defense in cases where possession of illegal contraband is alleged. For example, to prove possession of illegal drugs, the state must show that you knowingly and intentionally possessed drugs. Georgian law states that there are two forms of ownership, actual and constructive ownership.
Actual possession occurs when the illegal item is with you or under your direct control. In your pocket, purse, or wallet, etc. Constructive possession is when the thing may not be with the person but is still under the person’s control. For example, a person has an illegal firearm in a safe in their home. Actual and constructive possession are both sufficient to prove a crime in Georgia.
Equal access protection
The defense of equal access occurs when the state alleges that you were in possession of some type of contraband. Drugs may have been found in your vehicle, your home, or in a purse or wallet. If you can prove in court that someone other than you had opportunity or “equal access” to the place where the drugs were found and could have placed them there, the jury must clear you of the charges.
A typical example of this would be if you borrowed your car from a friend earlier in the day before you drove it, and then drugs were found in the vehicle’s Central Consul. They would want to produce evidence in court that the friend was driving the car earlier that day. An even more glaring example is when one person borrows another person’s car. This would clearly establish that another person (the owner) would have had equal access to the vehicle.
bottom line
While an Equal Access Jury Order can save you from a jury trial, prosecutors often will not dismiss an indictment simply because there is an equal access argument. It’s important to be careful about who you ride with and whose belongings you borrow. If you share a car or house with someone who has a drug problem, you can easily find yourself liable.
If you’ve been charged with possession of drugs or contraband, call us today for a free consultation!
