Constructive possession in Louisiana:
Here’s why you could get charged with possession without ever touching anything. As a former prosecutor and now criminal defense attorney, I’m telling you that, in Louisiana, possession doesn’t just mean it’s in your hand or in your pocket. The law recognizes what’s called constructive possession.
That means if you knew something was there and had access to it — even if it wasn’t physically on you — the state can tag you with possession.
That’s how a lot of people get burned. Think about shared spaces — cars, apartments, or a friend’s house. You don’t have to be caught red-handed.
The law just has to prove awareness and access — and that’s a very low bar.
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