In Minnesota, the legal definition of “possession” in weapons cases can confuse many. Understanding constructive and joint possession can be tricky, and understanding these types of possession can make a big difference in court.
What is constructive possession?
Constructive possession does not require physical possession. Instead, it involves control or the right to control a weapon, even if not on your person. Minnesota courts look at several factors to determine constructive possession:
- Proximity: How close was the weapon to the person?
- Control: Did the person have the ability to control or access the weapon?
- Knowledge: Did the person know about the weapon’s presence?
Prosecutors must show that the accused had the power and intention to control the weapon, which can include situations where the police find the weapon in a car or home.
How do prosecutors prove joint possession?
Joint possession occurs when more than one person has control over a weapon. Proving joint possession involves demonstrating shared control or access. Factors that might indicate joint possession include:
- Shared space: Was the weapon in a shared location like a vehicle or shared residence?
- Evidence of collaboration: Were there any signs of collaboration or mutual understanding about the weapon?
Prosecutors need circumstantial evidence to prove joint possession. They must show that each person had knowledge and control over the weapon.
What does possession in a weapon’s case mean?
Possession in weapons cases involves more than just physical holding. Constructive and joint possession broaden what counts as possession under Minnesota law, and there are more restrictions that you should take note of. If you face charges, understanding these nuances is crucial. Talking with a lawyer can provide clarity and guidance tailored to your situation. Legal advice helps in navigating these complex legal waters effectively.