When Can Innocent Possession Be Used to Defend Against Drug Charges?

 Posted on January 24, 2025 in Drug crimes

A major component of drug crime convictions is the suspect’s intent regarding the drugs. However, sometimes a person can be caught in possession of illegal drugs without having intended to be. When that happens, certain jurisdictions recognize "innocent possession" as a defense for drug charges.

Innocent possession is not commonly used in Utah because local drug possession laws inherently require intent to be present for there to be a case. However, mistakes can happen and if you are brought up on drug charges for something you never meant to do or possess, speak with an experienced Utah criminal defense lawyer to learn more.

When Can You Claim Innocent Possession?

There are various scenarios in which you might be able to claim innocent possession to defend against drug charges. These include:

Lack of Intent

If you have evidence proving that you had no intention to distribute, use, or possess illegal drugs, you might be able to demonstrate that although drugs were found in your possession, the incident was a misunderstanding and not something you should be convicted for.

Mistake of Fact

If you can prove that you did not know you were in possession of anything illegal, for example, if you thought you were in possession of a legal substance when it was actually a controlled drug, you might be able to argue that there was a mistake of fact.

Unknowing Possession

If you have drugs in your possession but you did not know they were there, you might have grounds to demonstrate that this was unknowing possession, without the intention of engaging in illegal activity. 

These grounds for claiming innocent possession are important because the burden of proof generally lies with the prosecution. They need to prove beyond a reasonable doubt that you knowingly and intentionally possessed the drugs. If you can prove otherwise, the charges could be reduced or possibly dismissed.

Examples of Innocent Possession

Innocent possession is not commonly used to defend against drug charges because it can be challenging to prove. It can often seem like a game of "he said, she said" when the prosecution states that you intentionally possessed drugs and you counter by saying you never meant to. The truth is in most of these cases, illegal drugs were found in the defendant’s possession, and regardless of the intention, this can result in legal consequences.

However, there are several scenarios in which innocent possession is a reasonable enough explanation for the drugs that were found that the prosecution would need to acknowledge it. Some examples include:

• You picked up a bag that had drugs inside it but you did not know it.

• You borrowed or rented a car and there were drugs in the glove compartment that you did not know about.

• You reserved a hotel room, and drugs were hidden in the closet of the room.

Schedule a Free Consultation with a Salt Lake City, UT Criminal Defense Lawyer

Innocent possession is difficult to prove, but if you are facing charges of drug possession, a skilled Davis County, UT criminal defense lawyer can review your case and advise you on whether it is a good option for you. At Collins Rupp, P.C., we are passionate about protecting our clients’ rights and advocating for them to get the best outcome possible. Call us at 385-777-2753 to schedule a free consultation.