Navigating a drug crime case can be challenging, especially when faced with charges that might not seem straightforward at first glance. Sometimes, drug crimes can be charged as “constructive possession” of a controlled substance. Understanding this concept is crucial for anyone facing drug-related charges, as it can significantly impact the outcome of your case. As your attorney, I, Scott A. Hamblin, am committed to helping you grasp the nuances of your situation and crafting a defense strategy tailored to your needs.
Constructive possession is a legal theory that expands the definition of possession beyond the physical holding of an item. In the context of controlled substances, it means that you can be charged with possession even if the drugs were not found directly on you. Instead, it’s enough for the prosecution to demonstrate that you had both the power and the intention to control the disposition or use of the drugs.
Under Missouri law, the concept of constructive possession is especially pertinent. This state recognizes that possession can occur in more indirect forms, which allows law enforcement and prosecutors to make a case even if drugs are found away from your immediate person. For instance, drugs discovered in a car you are driving—or even in your home—can lead to charges if it’s believed you were aware of the drugs and had control over them.
To fully grasp constructive possession, it is essential to differentiate it from actual possession. Actual possession is straightforward: it occurs when the controlled substance is found on a person, such as in their pocket or hand. Constructive possession, on the other hand, requires proving a connection to the substance that implies control or the ability to exercise control. This could involve drugs found in a shared space or an area over which you exert influence or authority.
In Missouri, several factors are used to establish constructive possession. These include but are not limited to:
Facing charges for constructive possession can be overwhelming, but understanding the nuances of the law can significantly affect the direction of your case. With over two decades of experience in criminal defense, I am dedicated to providing compassionate and strategic representation. If you find yourself entangled in a case involving constructive possession, don’t navigate these waters alone. Contact me, Scott A. Hamblin, to gain a comprehensive understanding of your legal situation and explore the most effective defense strategies. You deserve a lawyer who listens, understands, and fights for your rights relentlessly. Reach out today to begin your path to resolution.
A Jefferson City man faced DUI charges following a field sobriety test. Charges against the defendant were dropped after Scott successfully maintained the client’s claims that the test results were inaccurate. While the client initially appeared to be in a difficult situation, Scott was able to push investigators to determine the sobriety test results as invalid, so the charges were dismissed.
A mother was seeking sole custody of her children following a divorce. The father refused to cooperate, leaving the client in a difficult situation as she felt as though her children didn’t have a voice. Scott recognized her need for an advocate and carefully listened to the children’s wishes, which conclusively helped the client achieve sole custody of her children and protected their best interests.
A client from Fulton was accused of drug possession as a result of a home search. While drug charges may potentially be filed as a Class C felony involving severe consequences, Scott was able to help the client receive a reduced sentence. Ultimately, the client faced significantly smaller penalties compared to the initial charges.
Scott assisted a defendant in a particularly challenging divorce case in which the other spouse was not cooperating. Scott was able to help the client avoid court through an aggressive legal approach to resolve all outstanding disagreements while maintaining the client’s long-term needs.
One client sought legal assistance after an altercation with another individual in Jefferson City. The client was arrested on assault charges despite allegedly not starting the fight. Since an arrest can lead to life-altering penalties such as being terminated from employment and serving jail time, Scott was able to build a solid legal defense in the client’s favor and argued in favor of the client’s innocence.
A grandparent sought visitation rights to his grandchild after the parent tried to block him. Scott takes grandparents’ rights very seriously, and so he devised a strategy to help the grandparent set a visitation schedule. Scott developed a strategy to show that the child’s best interests were fulfilled through the grandparent’s ability to visit the child, helping push the case towards a resolution in the client’s favor.
Scott assisted a client who was injured in a car accident due to another driver’s negligence. The defendant claimed that the opposing party using their phone at the time of the crash, and Scott emphasized this claim to show that the other driver was at fault for the client’s injuries. The case concluded with the client receiving the necessary compensation for medical bills following a long hospital stay due to injuries.
Scott and his office were so helpful, thorough and professional during a very adversarial divorce. He offers good solid advice. He does not pursue options which will more than likely not yield a good result ( unless the client insists). He strives to give his clients the best results for their money. He's personable but professional. He answers inquiries quickly and clearly. Highly recommend!
Mr. Hamblin is one of the best attorneys we have ever had the privilege to use. He is courteous and to the point. I would recommend him to anyone and we will continue to use his services.
Scott Hamblin is simply put - the best! Scott deserves 10 stars! He has all the qualities a person could ask for with legal representation and more. I even had a lawyer from another county tell me, Mr. Hamblin is an excellent lawyer. That remark alone told me how respected he is, by his peers. He's highly professional, extremely knowledgeable, respectful and courteous, does his due diligence to understand and know his case, has excellent communication skills with his staff and client. His performance in the court room arena was exciting to watch. Dynamic! I knew when I walked into…
Scott Hamblin is the best lawyer that I have ever met. He really cares about his clients and does not sugar coat anything. He works very hard to help his clients, and knows the law very well, and he will work with you on your tab if he can. The staff there is very helpful too. I would recommend Scott and that law firm to anyone that needs a lawyer. They are the best. And you get what you pay for, so give them a call.
I am very pleased with Mr. Hamblin. I needed an attorney for my custody case and I did not know who to use. I found Mr. Hamblin on the internet. All the reviews I read and now my experiences with him and his team are spot on. I was being denied reasonable time with my daughter. Her mother attempted to continue to limit my time but Mr. Hamblin's hard work and dedication to my case resulted in equal custody of my daughter. I highly recommend Mr. Hamblin!
I was thoroughly impressed with Scott Hamblin and his team, Madasyn and Cameo, as they represented me in a very difficult case, involving multiple businesses and complexities. Scotts knowledge and expertise was invaluable. He and his team involved me every step of the way throughout the entire process. I was included in email correspondences, as well as, phone and video calls with witnesses and experts. What stood out, and set Scott and his team apart from my previous counsel, was their authenticity and genuineness. They truly cared about me as an individual and truly cared about my case Scott and…
Finding an attorney is not easy, and in my case I was in a child custody modification that was being dragged out and messy. This went on for a full 3.5 years. I had other representation at the time that I didn’t feel was doing what was best for me and my kids. I reached out to Scott after taking time to review others reviews and asking around in the community for a collective opinion. Scott is hands down the most honest, direct, family law attorney I could have asked for. If I had a question or needed advise him…
My divorce was with a difficult person, Mr.Hamblin handled every aspect of the divorce, professionally and quickly, his experience and knowledge was extremely helpful. thank you, Mr.Hamblin for your support.
Scott helped us with a very difficult situation with utmost professionalism and expertise. He was at all times very professional and considerate of our needs. He provided excelent advise.
Scott will forever be regarded by myself as the best divorce lawyer in Jefferson City bar none. His service, expertise, knowledge and dedication to all of his clients is top notch. I hope that no one ever finds themselves in a position of his services, but if you do, you cannot make a wrong choice with him at your side. Scott was able to get a fair and equitable decision in my case and he will most certainly do the same for you if necessary. His knowledge of the law and experience from every case he has ever tried were…
For accessible and experienced representation, contact attorney Scott Hamblin today.
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