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Learn the in's and out's of what the Government must prove in order to establish the charge of possession of a controlled substance. Remember, the Government must prove the case beyond a reasonable doubt and failure to do so can result in your marijuana case being dismissed.
If you are charged with a drug case in Texas, it is important to understand your options to get your case dismissed and off your record. The first thing to determine is can the government prove that you “possessed” the drugs?
Under Texas law, the State of Texas must prove beyond a reasonable doubt that you exercised care, custody, or control over the drugs. More specifically, the Government must prove that you “intentionally or knowingly” possessed the controlled substance.
Just because drugs are found in a car, does not mean the prosecutor will be able to prove that any specific person in the car knew about them being there.
In other words, mere presence in the vehicle is not sufficient to prove that you had any personal knowledge that drugs were in the vehicle.
For instance, if drugs are found in the center console or under a seat and there are multiple people in the car, it is just as likely that one of the other people had knowledge of the drugs and intentionally exercised care, custody, or control over the drugs.
The Government must affirmatively link you to the drugs found in his car.
Where were the drugs found? Were they in someone’s pocket? If not, how close were the drug found to you? Did they fingerprint the baggie or container holding the drugs? Was it found in a door pocket of the car? Was it in the backseat? Underneath a seat? Center console of the vehicle?
It is critical that the Government affirmatively link the location of the drugs to the person they are arresting. The farther away the drugs are from your location in the car, the harder it will be for the prosecutor to affirmatively link you to the drugs.
Were the drugs found in a package? A purse? A backpack? Did that purse or backpack contain any personal information that identifies the possible owner? Maybe in the purse there is a photo driver’s license of someone or a checkbook or keys or other personal identification information that makes it easier for the prosecutor to link the drugs to a particular person.
In other words, the lack of evidence affirmatively linking you to the drugs creates substantial reasonable doubt to help us win your drug case.
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The Hampton Law Firm is a full-service Criminal Defense Law Firm located in Fort Worth, Texas, that provides personalized care to every criminal client. Whether you are facing a minor misdemeanor crime or a serious felony crime, The Hampton Law Firm has a team of 4 former prosecutors with over 60 years of experience ready to assist you. Our goal is for you to stay out of jail and be able to clear this matter from your criminal record.
We are willing to assist you with any questions or issues you have regarding your search for a criminal lawyer.
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