Criminal Defense
Probable Cause Hearing Michigan
Learn what a probable cause hearing is in Michigan, what happens during it, and how it can impact the outcome of your case.
August 1, 2026
Read legal insights from Ryan Maesen Attorney at Law.
Most people assume that in order to be charged with drug possession in Michigan, the substance has to be found directly on them.
In reality, that’s not how the law works.
You can be charged—and even convicted—of possession without ever physically touching the drugs.
This concept is called constructive possession, and it is one of the most commonly misunderstood aspects of criminal law.
It also happens to be one of the most aggressively used tools by prosecutors.
And that’s where things get complicated.
Constructive possession is based on two key ideas:
Both elements must be present for a conviction.
But here’s where things get tricky:
👉 Neither of those elements requires direct proof.
Instead, prosecutors often rely on circumstantial evidence to try to connect you to the item.
That means they build a case based on:
This is why constructive possession cases are often less about what was found—and more about how the situation is interpreted.
These cases rarely involve clear-cut scenarios.
Instead, they often look like this:
You’re a passenger in a car. Police stop the vehicle and find drugs under a seat or in the center console.
👉 You don’t own the car.
👉 The drugs aren’t on you.
But you may still be charged if prosecutors argue:
Multiple people live in a residence. Drugs are found in a common area.
👉 No one claims ownership
Law enforcement may attempt to charge multiple individuals under constructive possession.
You borrow a car or are temporarily staying somewhere—and illegal items are discovered.
Even without ownership, prosecutors may try to establish control.
Constructive possession dramatically expands the scope of who can be charged.
Instead of needing direct evidence, prosecutors can:
👉 This means people can be charged based on association or circumstance, not direct action.
That’s why these cases are often aggressively contested.
To build their case, prosecutors look for connections.
These may include:
But here’s the key:
👉 None of these automatically prove possession—they only suggest it.
And that’s where defense strategy becomes critical.
Because these cases rely heavily on interpretation, they are often more defensible than they appear.
A strong defense focuses on breaking one or more of the required elements.
If you didn’t know the item was there, you cannot possess it.
This is often a central issue in shared environments.
Even if you knew about the item, that doesn’t mean you had control over it.
👉 Being near something is not the same as controlling it.
If multiple people had access, it becomes harder for prosecutors to prove the item belonged to you.
If law enforcement violated your rights during the search:
Constructive possession cases are rarely straightforward.
Small details can make a big difference:
👉 These details can determine whether the case holds up—or falls apart.
If you are charged under constructive possession:
👉 That alone is not enough.
Instead, you need a strategy that addresses how the prosecution is trying to connect you to the evidence.
Constructive possession cases require careful analysis and strategic defense.
Ryan Maesen has extensive experience handling these types of cases in West Michigan courts and understands how prosecutors build them—and how to break them down.
Get a free consultation with Ryan Maesen. Discuss your case, understand your options, and learn what steps to take next.
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(616) 821-7691It means you had knowledge of and access to an illegal item, even if it was not physically on you.
Yes, physical possession is not required under Michigan law.
No, prosecutors must prove both knowledge and control.
Yes, many cases can be weakened by challenging evidence, access, or knowledge.