When it comes to criminal charges related to possession in Texas, understanding the available defenses is crucial to protect your rights and build a strong case. Being accused of possession of illegal substances or controlled substances can have serious consequences, including hefty fines, probation, and even imprisonment. In this blog post, we will explore some common possession defenses in Texas and shed light on how a skilled criminal defense lawyer can help you navigate the legal complexities.
Lack of Possession: One of the primary defenses against possession charges is to prove that you did not have actual or constructive possession of the illegal substance. Actual possession refers to having the substance physically on your person, while constructive possession means having control or dominion over the substance, even if it is not directly on you. Challenging the prosecution’s evidence and establishing that you lacked possession can be a critical defense strategy.
Unlawful Search and Seizure: The Fourth Amendment of the United States Constitution protects individuals from unreasonable searches and seizures. If law enforcement conducted an illegal search or seizure without a valid warrant or probable cause, the evidence obtained may be inadmissible in court. A skilled defense attorney will carefully examine the circumstances surrounding your arrest and determine if your constitutional rights were violated.
Lack of Knowledge: In certain possession cases, proving that you were unaware of the presence or nature of the illegal substance can be a valid defense. This defense is particularly effective if someone else had control or access to the area where the substance was found, such as in shared spaces or vehicles. Establishing your lack of knowledge can cast doubt on your intent to possess and potentially lead to reduced charges or a complete dismissal of the case.
Valid Prescription or Medical Necessity: In cases involving controlled substances that may have legitimate medical uses, such as prescription medications, proving that you had a valid prescription can serve as a strong defense. It is crucial to gather all relevant medical records and documentation to demonstrate that your possession was lawful and medically necessary. A knowledgeable defense attorney can present this evidence effectively to challenge the prosecution’s case.
Crime Lab Analysis Discrepancies: Challenging the reliability and accuracy of crime lab analyses is another defense strategy. The defense may request independent testing of the seized substance to verify its composition and challenge the prosecution’s evidence. If the crime lab made errors or if there are inconsistencies in the handling or analysis of the substance, it can weaken the prosecution’s case and potentially lead to dismissal or reduced charges.
AttorneySouth Texas College of Law Houston, Georgia State Bar, Texas State Bar
After practicing law in Oklahoma, Jonathan returned to his native Galveston to establish Zendeh Del & Associates, PLLC, where he and his wife are law partners.
Year after year, Jonathan is named in Super Lawyers® Magazine and featured in Texas Monthly Magazine. Jonathan has achieved an AV Preeminent® Rating from Martindale-Hubbell® and has a 100% Client Review Rating. Jonathan has been named on The National Trial Lawyers’ “Top 100 Trial Lawyers” list. Jonathan has also received an Avvo Rating of 10.0 Superb for his experience, industry recognition, and professional conduct as a lawyer.
Jonathan practices in the areas of DWI/DUI defense, criminal defense, and personal injury law.
Areas of Expertise: DWI, Criminal Defense, Personal Injury
