How Police and Prosecutors Stretch the Truth to Charge You with What Wasn't Yours

You didn't have it in your hand. You didn't carry it in a backpack. You never used it, touched it, or claimed it.

And yet—here you are. Charged with felony possession of drugs, a stolen firearm, or some other contraband that wasn't yours.

How is that possible?

Two words: constructive possession.

At Liberators Criminal Defense, we've seen prosecutors hang entire felony charges on this vague doctrine. It's one of the State's favorite tricks—charging the nearest person when they can't prove who actually owned something. And it's one of the slipperiest threats a defendant can face, because the line between "near" and "guilty" is deliberately blurred.

What Does “Constructive Possession” Actually Mean?

Under Nevada law, possession doesn't require you to physically hold an item. The State can argue you had constructive possession if they believe you had the ability to control it—even if it wasn't on your person or in your home.

That word control becomes a catch-all. Suddenly, you can be charged if:

A gun was under the driver's seat—but you were in the back.
A bag of pills was found in a car you were merely riding in.
A stolen phone turned up in the corner of a room with five other people.
A backpack with drugs was found near you at a park—because you were the only one still there.

The State will insist that you must have known it was there. That you must have intended to use it. And so the phrase “constructive possession” becomes their way of guessing their way to a conviction.

How Prosecutors Turn Proximity Into Guilt

The prosecution's case usually hinges on a chain of inferences. It's not about direct proof—it's about what they can persuade a jury to assume.

You were close to the item? Must be yours.
You looked nervous when police arrived? Must've known something was up.
You said “That's not mine”? Well, only someone who knows it's illegal would say that.

They take innocent facts and stack them up like bricks, hoping a jury will see a house of guilt.

But here's the problem: inferences aren't evidence. Everyone near the contraband is capable of being nervous. Everyone in a room has proximity. And unless the State can prove knowledge, intent, and control—beyond a reasonable doubt—they've got nothing but a hunch.

What a Strong Defense Looks Like

Fighting back means pulling that hunch apart, piece by piece.

We highlight other people with equal access. We question whether the location was shared, public, or chaotic. We look for lack of fingerprints, DNA, or any direct tie between our client and the contraband. If police didn't find anything in your pockets or on your person, they have a tall hill to climb.

In some cases, we go deeper—challenging the stop, the search, or the seizure itself. If the entire premise was unconstitutional, the contraband shouldn't even be in evidence.

And when it comes down to trial, we remind the jury that guesswork isn't justice. We don't have to prove who did possess it. The State has to prove, without hesitation, that you did.

That's their burden. Not yours.

Why This Isn't “Just” a Possession Case

We've seen clients nearly railroaded over what was clearly someone else's mistake. And the fallout is massive. Felony convictions for drugs, firearms, or stolen goods don't go away. They follow you—to job interviews, background checks, and courtrooms if you're ever charged again.

Worst of all, these cases are often the result of lazy police work. When the facts are messy, they charge everyone. It's called "shotgun charging"—spray the whole crowd with felony counts and let the courts sort it out later. But we don't accept that. Because the courtroom isn't a dice game.

Final Word: Close Enough Isn't Guilt

If you're facing a constructive possession charge in Nevada, you're already in dangerous waters. You're not just fighting the evidence—you're fighting the fiction that your presence equals your guilt.

At Liberators Criminal Defense, we believe possession means control. Not presence. Not panic. And certainly not the misfortune of standing in the wrong place when the cops showed up.

Don't let the State turn shadows into shackles.

Call us. We know how to fight back when the evidence is thin and the stakes are high.