What if the Drugs Weren’t Mine?

We’ve all seen shows where a cop pats someone down, finds drugs on their person, and the guy says something like, “those aren’t mine.” While it may be hard to believe, there are times when these guys or girls are telling the truth. However, does the truth matter when the drugs are on the person?

Definition of Possession in Texas

In the Texas Penal Code, possession is defined as, “actual care, custody, control, or management.” Using this definition, we can determine that drug possession could fall on someone under several circumstances. However, prosecutors must fulfill specific criteria to charge someone with possession.

Convicting Someone of Possession

To secure a conviction for drug possession, a prosecutor must prove beyond a reasonable doubt that the defendant knowingly and intentionally possessed or had control over a drug. The phrase “knowingly and intentionally” is significant in this situation, because proving an individual’s knowledge of the existence of the drugs is crucial for a successful conviction.

Suppose a man borrows his friend’s car. While driving, he’s pulled over for speeding, and an officer asks to search his vehicle. The man consents to the search (never do this in real life, you should never consent to a police search for any reason,) and the officer finds drugs in the glove department.

In this situation, the officer could arrest the driver for possession. However, an experienced criminal defense attorney could argue that the driver had no idea there were drugs in the glove compartment because it was a friend’s vehicle. While this defense doesn’t automatically defeat the prosecution’s claims, it could lead to the charges being dropped.

Hire Experienced Defense

Possession is a tricky charge to deal with, but it’s possible to defeat the prosecution’s accusations. If you need experienced and dependable criminal defense on your side, you need the Law Office of John L. Venza Jr.!

Call (281) 817-8737 now for a free consultation concerning your case!

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