There are two basic categories of possession in criminal law. First, there is actual possession. Second, there is constructive possession. Each of these differ greatly. It is important for a criminal defense attorney to understand these differences to make sure that a client is not improperly charged and/or convicted of a possession related crime. This article will address the most straight forward of the possession related cases. That is cases where actual possession has been alleged or needs to be proven to establish a crime. If you would like to discuss your possession case with our experienced team of criminal defense lawyers after reading this article, feel free to contact our office at 214-321-4105.
Actual Possession
Drug Paraphernalia Tickets
Depending on the type of charge related to possession, different definitions will apply. For the purposes of this article, we will discuss the idea of actual possession by discussing drug paraphernalia cases. Drug paraphernalia cases and the crime of possession drug paraphernalia is located in the Texas Health and Safety Code. Section 481.002 of the Texas Health & Safety Code sets for legal definitions that are to be applied to possession cases related to drug paraphernalia.
- “Possession” means actual care, custody, control, or management.
The key word in this definition is the word “actual.” A person may not be convicted of possession of a controlled substance, as a principal actor, unless (1) he exercised actual care, control, or custody of it, and (2) he was conscious of his connection with it and knew what it was. The mere presence at a place where contraband is being used or possessed by others does not justify finding that a person is in joint possession or is a party to an offense. When the accused is not in exclusive possession of the place where contraband is found, there must be additional independent facts and circumstances which affirmatively link the person to the contraband in such a way that it can be concluded that the accused had knowledge of the contraband and exercised control over it in order to convict the accused of possession of a controlled substance.
For example, say that a person is driving a car that is pulled over and the officers find drugs in the car. The evidence is not legally sufficient to uphold possession conviction when the State merely shows that a defendant was driving a vehicle containing narcotics; the mere presence in the vicinity of illegal drugs, although circumstantial evidence to be considered, is insufficient to prove a possession charge by itself. Proof amounting only to strong suspicion or mere probability of possession will not suffice to convict accused of possession of contraband. You have to have affirmative links to establish actual possession.
What Are Affirmative Links For Possession Cases?
Attorney For Drug Paraphernalia Ticket
Proof of an affirmative link between the accused and the contraband is mainly needed to establish knowledge or intent to possess contraband when accused is not in exclusive possession of place where contraband is found. Requirement that state show affirmative link between contraband and accused, necessary to convict accused, who is not in exclusive possession of place where contraband is found, of possession, does not constitute a unique legal rule of what factors may help to show an affirmative link, but is only a shorthand way of expressing what must be proven to establish that drugs were possessed knowingly or intentionally; the number of linking factors present is not as important as the logical force they create to prove that the crime was committed. For example, was the person under the influence of the drug found at the time that it was found? Did other parties or witnesses state that the drugs were a specific person’s? Were the drugs found in the area of the person accused? The factors can vary case by case. Each case is different, but the burden of proof remains clear. A prosecutor must establish affirmative links between the accused and the drugs found.
Hire An Attorney For A Possession Case
If you or someone you know and care about has a pending possession case, give our experienced criminal defense lawyers a call today. We can evaluate the criminal possession case to determine what legal defenses would be available and how best to resolve the case. Our criminal possession attorneys can be reached at 214-321-4105.
