Drug possession charges are significant. Texas laws take the prosecution and punishment of alleged drug crime offenders seriously. Because the consequences of an alleged drug possession charge can change the course of a Longview resident’s life, an individual facing such a legal obstacle should prepare themselves with strong defense strategies. In some situations, confronting the definition of “possession” may provide options for overcoming their charges.
It is important, however, for readers to understand that this post provides information only and not legal advice. All men and women dealing with drug possession charges can and should discuss their individual legal dilemmas with attorneys who practice criminal defense law so that they can form defense plans that meet their unique needs.
Pursuant to the Texas Health and Safety Code, “possession” involves having something under one’s actual care, custody, control, or management. This broad scope of inclusion opens the door to some room for argument when preparing a drug possession defense plan.
For example, if a person has allegedly illegal drugs in their coat pocket, it may seem rather clear that the substance is under their control. However, if the individual borrowed the coat from a friend, it may be more difficult to prove that they were in control of something that they did not even know existed.
Similarly, situations of control and management come into play when individuals are charged with drug possession based on the identification of allegedly illegal drugs in the vehicles in which they are riding. Facts and evidence become crucial to prove what, if any, power the defendant had over the allegedly illegal substances involved in the alleged crimes.
Different drug possession cases have different facts. No two cases may follow the same paths to trial. Individuals can benefit from tailored legal support from criminal defense attorneys who are prepared to represent their clients.