Defining Possession in Texas Drug Cases
Drug Possession Defined
Drug possession is a serious charge in Texas, bringing with it the potential for prison time and enormous fines. Due to the gravity of this type of charge, it’s vital to thoroughly understand every element of the crime as the court interprets it. Only from there can you build a strong defense. Let’s take a look at how Texas law defines possession of a controlled substance.
Under Texas statute, a person commits the offense of possession of a controlled substance if he or she:
Knowingly or intentionally possesses a controlled substance, unless the person obtained the substance directly from or under a valid prescription or order from a practitioner acting in the course of professional practice.
Now that you know the legal definition of possession of a controlled substance let’s review a few examples that illustrate this definition.
John obtained a prescription drug from his doctor at his doctor’s office. While the prescription was for a narcotic pain reliever, he cannot be charged with possession of a controlled substance.
The police found drugs in Jane’s car, but they were in her friend’s purse, which she left in Jane’s car by accident. Jane’s attorney could argue she did not knowingly or intentionally possess controlled substances.
Sam was found in possession of a controlled substance and claimed he had a valid prescription. In reality, his prescription was phony, which his friend who just graduated medical school wrote for him. Sam knew the prescription was fraudulent but filled it anyway. Sam could be charged with possession of a controlled substance.
The police found Mary with a controlled substance on her person. She did not have a valid prescription, and she mistakenly admitted it was hers during the arrest. Mary could be found guilty of possession of a controlled substance.
A Drug Possession Defense Attorney Can Defend Your Rights
Every possession of a controlled substance case is different. The facts and circumstances of your offense can significantly impact the consequences. Call a Dallas-Fort Worth drug crime defense attorney immediately if you are facing drug possession charges. An attorney may be able to fight your charges depending on the specifics of your case. The penalties for possession of a controlled substance are severe and vary greatly depending on the penalty group. Don’t face these charges alone. Find an advocate who knows how to defend this type of case.
If you are facing charges for possession of a controlled substance in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on how to defend your rights. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email firstname.lastname@example.org, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.