By: Mark Diaz
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Drug Charges in Texas: What is Constructive Possession?
Drug possession is a serious criminal offense. Depending on the substance and the quantity, a defendant accused of drug possession could face felony charges, which carry considerable jail time. In Texas, there are two basic types of possession.
Actual possession occurs when law enforcement finds illegal drugs in a defendant’s direct physical possession — often either in their hands or in their pockets.
Constructive possession is non-physical possession. It occurs when a defendant has illegal drugs in their care and control, but not technically “on” them. Here, our Galveston drug possession defense attorney highlights the most important things you need to know about constructive possession charges in Texas.
Constructive Possession: Understanding the Basics
Even when drugs are not found on your person, you could still face very serious drug possession charges. Constructive possession charges are brought in a wide range of different circumstances. For example, a defendant may be arrested for constructive possession of illegal drugs that are found in the glove box of a vehicle. You could face constructive possession charges if illegal drugs are discovered inside a container within your apartment. In order to establish constructive possession in Texas, a prosecutor must be able to prove:
- The defendant had actual knowledge the illegal drugs were present; and
- The defendant exercised dominion and control over the controlled substance.
It does not technically matter who “owns” the drugs in question. If you are deemed to have had knowledge and control over the banned substance, you could be arrested and charged with constructive possession.
How to Defend a Constructive Possession Charge in Texas
All drug possession charges must be defended on a case-by-case basis. There are not truly effective one-size-fits-all solutions in criminal defense. When our Galveston drug possession defense lawyers take on a case, we aggressively pursue every available avenue to protect our clients’ rights, freedom and future.
It is important to remember the burden of proof is always on the state. If a prosecutor is bringing constructive possession charges against you, they must have evidence that supports every element of the crime, including proving you had knowledge over and control over the banned substance.
False or unsupported drug possession charges must be dismissed. We will carefully review the evidence against you to build a strong legal defense. Our legal team will also ensure all evidence was obtained legally. If you were subject to an unlawful search — meaning your Fourth Amendment rights were violated — the evidence against you may be thrown out of court.
Speak to Our Galveston, TX Drug Crimes Defense Lawyer Right Away
Mark A. Diaz is an experienced drug crimes defense attorney. With over two decades of experience, Mark Diaz is an aggressive, effective advocate for clients. If you or your loved one were charged with constructive drug possession in Texas, we can help.
To set up a free, strictly confidential initial consultation, please contact us today at (409) 515-6170 or reach out to us directly online. From our law office in Galveston, we represent defendants throughout the Galveston County, including Santa Fe, League City, Texas City, La Marque, Galveston Island, Friendswood and Hitchcock.