What is the Legal Definition of Possession?
Texas Penal Code Section 1.07(39) defines "possession" as "actual care custody, control or management." Often the state has trouble proving this very essential element when prosecuting for a Possession of Marijuana charge. In other words, it’s not enough to prove that someone was merely in close proximity to the marijuana. The state must prove that the accused somehow ACTUALLY took some action to control the drugs in question.
When begining to work on a Possession of Marijuana case, it is pertinent to first investigate whether your constitutional rights were violated during the search and/or arrest phase of the investigation. Often violations of the 4th amendment occur on a surpringly regular basis by law enforcement officials. An aggressive criminal defense attorney should ask a variety of questions, and should conduct a thorough investigation to determine the events surrounding the search and/or arrest.
Relevant questions include, but should not be limited to: Did the authorities have a valid search warrant? What information did the search contain? When/how/where were the drugs found? Where were you during the search (your house, your apartment, your car)? Where were you when you were arrested? What, if anything, did the investigating officers say during the process?
Your rights against unlawful searches and seizures are strictly protected under the 4th amendment to the United States Constitution. However, that does not always mean that the necessary constitutional precautions were correctly followed in your case. In fact, many times they are not. This is perhaps the most violated constitutional right we as Americans face most often. If you were arrested and/or charged with Possession of a Controlled Substance (or Possession of Marijuana), our office can help make sure your constitutional rights were protected to the fullest extent under the law.
If you are facing charges for using, selling or possessing Marijuana (or any combination of other drugs, you need the assistance of an aggressive attorney who will fight to protect your rights, your liberty, and your freedom. The Law Offices of Carl David Ceder, PLLC, will do everything in our power to help protect your life and your future. We will work to keep you out of jail, to protect your constitutional rights, and will do everything possible to help ensure your record remains clear. The consequences of being convicted of a Possession of Marijuana charge can be quite devastating to one's future. Call our office today at 214.702.CARL (2275) to get a free evaluation of your case to see how we can help.