Posted on 6/15/20

Enduring the shutdowns related to the coronavirus pandemic has left many people suffering financially, emotionally, and mentally. More people than ever are turning to substances and alcohol to cope with job loss and financial struggles. If you’re facing an arrest for a drug possession charge in Texas, you need the help of an experienced lawyer. A skilled lawyer will help you create a successful legal defense, which might include the following.

The Prosecution Has Insufficient Evidence

In America, defendants are innocent until proven guilty. Prosecutors have the burden of proof, meaning they must prove that the defendant committed the crime of drug possession beyond a reasonable doubt. If the prosecution does not have sufficient evidence, your attorney can challenge the charges and ask the state to dismiss your charges. Sometimes, our clients plead guilty due to intense pressure from law enforcement or prosecutors. In these situations, your lawyer can fight to have your sentence dismissed due to a lack of evidence.

The Prosecutor can Not Prove You Knowingly or Intentionally Possessed Drugs

Texas prosecutors must prove that you knowingly possessed drugs in order to succeed in convicting you. For example, you might argue that you possessed marijuana without knowing what the substance really was. Perhaps you thought it was simply tobacco, not marijuana. Or, perhaps a friend brought over a joint of marijuana and left it at your house. Someone could have placed the marijuana in your backpack without your knowledge. 

An experienced defense lawyer will be able to pressure state prosecutors to drop the charges. The prosecutor must prove that you knew that marijuana or other drugs were in your possession when you were arrested. 

The Prosecutor can Not Prove That You Were in Possession 

Under the Texas Controlled Substance Act, law enforcement must prove that the defendant was in “actual care, control, or management” of a controlled substance. Prosecutors must prove this element beyond a reasonable doubt. He or she must prove that you had dominion or control over the drugs. If you never actually touched or handled the drugs themselves, or the drug paraphernalia, they cannot win a conviction of the crime of drug possession.

Sometimes aggressive Texas prosecutors will claim that you had constructive possession of the drug in question. Perhaps you share an apartment with a roommate and police found marijuana in the living room of the shared apartment. The prosecutor might attempt to prove that you had the ability to exercise dominion and control over the drugs in question. Our defense lawyers will show that the prosecution can not prove that you did exercise dominion and control over the contraband. We can use witness testimony and other evidence to prove that you did not exercise control over the substance.

Contact Our Experienced Criminal Defense Lawyers

If you are facing drug possession charges during these difficult times, you should hire an experienced criminal defense lawyer as soon as possible. If you are in Dallas, Ft. Worth, or Plano, contact Abel Law Firm today to schedule your initial consultation with one of our experienced lawyers. 

Flower Mound Office

Phone: 972.584.7837

Denton Office