How To Beat A Possession Of Controlled Substance Charge: A Former Prosecutor Explains!
Charged with Possession of a Controlled Substance (Drug Possession)? We service Fort Worth and surrounding areas.
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Are you or someone you know facing a drug charge in Fort Worth, Arlington, or a surrounding city in Tarrant County, Texas? If so, you need an aggressive and experienced Fort Worth Drug Crimes Attorney who can effectively argue your case and work to preserve your freedom and your clean criminal record.
If you have been charged with possession of a controlled substance in the Fort Worth area, it is likely that you are facing misdemeanor or felony charges that, if convicted, could result in life-changing circumstances. Your liberty is at risk! Not only is your liberty at risk, your ability to find meaningful employment could be jeopardized if you do not resolve your case in a manner that allows your possession of a controlled substance charge to be removed from your criminal record. It is critical that you hire a criminal attorney in Fort Worth that specializes in criminal defense.
Under the Controlled Substances Act, a person commits the offense of possession of a controlled substance if the person knowingly or intentionally possesses a controlled substance. A controlled substance can include cocaine, heroin, methamphetamine, GHB, prescription drugs, etc. Each penalty group for controlled substances is categorized upon the level of potential damage and concern the particular drug causes in the community. For instance, heroin and methamphetamine are punished at a more serious range of punishment than certain prescription medication.
The punishment range for possession of a controlled substance can range from a Class A Misdemeanor, punishable by up to 1 year in the Tarrant County Jail and a $4,000 fine, up to life in prison if you are charged with possession over 400 grams of certain illegal drugs. Generally speaking, the be 180 days in a state jail facility up to life in prison depending upon the amount that is charged.
What does “possess” mean? Under Texas drug possession law, Possession means to exercise care, custody or control over the illegal drugs and you must have done so with criminal intent (intentionally or knowingly). When considering whether someone exercised care, custody or control, the police look for several factors:
Were The Drugs Within Your Wingspan?
The question here is whether the police can determine that the illegal drugs were within your reach at the time of the search. In other words, at the time of the search, were the police able to determine that you could have reached the drugs or that the drugs were within your “wingspan.” The further away the drugs are from you at the time of the search, the harder it is for the narcotics officer to establish that you exercised care, custody or control over the drugs. Remember, merely being in the presence of the drugs at the scene of the search does not, by itself, establish sufficient evidence to show that you exercised care, custody or control over the drugs.
Can The Drugs Be Affirmatively Linked To You?
Another inquiry regarding possession of a controlled substance is whether the State of Texas or narcotics officer can affirmatively link the drugs to you. Failure to affirmatively link the drugs to you will result in a not guilty verdict at a jury trial.
Possible Defenses To Possession of a Controlled Substance
No Criminal Intent To Possess
As we have discussed earlier, in order to convict you for possession of a controlled substance, the State of Texas must prove beyond a reasonable doubt that you exercised care, custody or control over illegal drugs INTENTIONALLY! If you were sitting a car and there were drugs under your seat and you had no idea they were there, that is not sufficient evidence to prove criminal intent to possess drugs. If you were sitting in the passenger seat of a car and there were drugs in the center console of the car that you knew nothing about, you should not be charged with possession of a controlled substance. Your Fort Worth drug possession attorney must analyze the specific facts of your drug possession case and identify the weaknesses to establish reasonable doubt regarding your criminal intent.
Unable To Affirmatively Link To You
Similarly, if you were merely present at the scene where illegal drugs were located, you should not be charged with possession of a controlled substance. The best drug lawyers will argue that without specific facts and evidence affirmatively linking you to the area where the illegal drugs were found, the drug case should be dismissed. Ask your drug possession lawyer if your facts support this defense because it can be an effective way to get your drug case dismissed.
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14 авг 2024
