The phrase “possession is 9/10 of the law” often comes up in legal discussions, but does it hold, especially in Colorado’s criminal justice system? Possession may imply ownership or control, but it is far from an absolute legal principle. Understanding the question: is possession 9/10 of the law? Requires an analysis of legal contexts and court interpretations.
McAdams Law Office explains that this term is often misconstrued and how it applies in criminal law based on possession.
The phrase “possession is 9/10 of the law” is less a strictly enforceable legal principle than an idiom. Traditionally, this meant that whoever had physical possession of an item had a superior argument for ownership to whoever else was making some claim to that exact item.
This saying originated in property disputes, although it has since spread far and wide to suggest that physical possession evinces a presumption of ownership.
However, in criminal law, possession often refers to being in control of an item that is deemed unlawful, such as illegal substances or unregistered firearms. Consequently, while the notion may influence public perception, legal challenges often depend on proving the context and intent behind possession rather than simply who has the item.
Possession commonly appears as a critical consideration in several legal categories:
In court cases, there are two general types of possession:
Possession in criminal charges most commonly involves illegal drugs, firearms, or property stolen from another origin. According to Colorado Revised Statute §18-18-406, possession-related offenses are categorized based on type, weight, and intent. For example:
Criminal possession charges determine whether the prosecution can establish intent, knowledge, or actual control. Charges may extend beyond physical possession, and defenses are more complex.
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No. Possession does not always imply ownership. For example, borrowing a friend’s car puts you in possession of the vehicle but does not make you the legal owner. Similarly, constructive possession, such as carrying a package for someone, does not imply personal ownership.
When it comes to controlled substances, even unknowing possession can have legal consequences. According to NORML, Colorado law applies penalties for everything from minor possession to illegal cultivation of marijuana. Legal possession or intent, such as having a prescription, may serve as a partial defense against possession-related charges.
Should you be charged with possession, understanding how the law applies is crucial in building a solid defense. Legal clarity is critical in Colorado, where controlled substance laws fall under both criminal and administrative classifications.
According to Legal Clarity Colorado, possible defenses against possession-related charges may include:
Possession may serve as evidence to support a claim in some situations, but it is not an absolute principle of criminal law. Courts require unequivocal proof to convict someone of a possession-related offense. Additionally, constitutional protections, such as the Fourth Amendment’s protection against unreasonable searches and seizures, safeguard against wrongful possession charges.
Possession-based legal doctrines often fail to account for essential nuances, such as co-ownership or coercion, leading to potential wrongful convictions. For example, an individual may unknowingly possess an illegal substance or temporarily control a restricted item without intent, making their case susceptible to misjudgment.
While “possession is 9/10 of the law” carries cultural weight, the legal reality is far more complex. If you are arrested or face legal issues related to possession, your first move to protect your rights should be to call professional legal services at the McAdams Law Office.
McAdams Law Office can help with possession-related charges. Our experienced criminal defense attorneys can guide you through the legal process and develop the most vigorous possible defense for your case. Call us today at (970) 353-0000 to get the legal representation you need!
| DUI/DWAI Victories | Criminal Defense Wins |
|---|---|
People v. S.M.Two DUIs downgraded to DWAI, |
People v. M.J.Assault and child abuse charges |
People v. S.D.DUI dismissed, pled to |
People v. S.C.Theft charge dropped, |
People v. B.S.Breath test challenged, |
People v. A.E.Drug charges dismissed, |
People v. E.B.No jail, favorable plea despite |
People v. J.K.Burglary plea reduced, |
People v. R.G.One DWAI dismissed, another reduced with minimal work release. |
People v. C.R.Traffic offense reduced, |
William T. McAdams, known as Bill, is a highly experienced criminal defense attorney and former prosecutor. Since establishing McAdams Law Office in 2006, he has represented clients in cases including DUI, domestic violence, and theft, handling over 100 jury trials. Bill serves clients predominantly in Weld and Larimer counties, including Greeley, Evans, Windsor, Loveland, and Fort Collins. An active community volunteer and member of multiple legal associations, he is dedicated to protecting his clients’ rights.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, William McAdams who has more than 25 years of legal experience as a personal injury attorney.