Possession, in under the law, is divided into two categories. One is actual possession and the other is constructive possession.
What is Actual Possession?
Actual possession means that one not only has the knowledge that something is present but that one has actual physical control over it.
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What is Constructive Possession?
Constructive possession means that one had the capability or intention of being able to control the object even though it was not being immediately held. An example might be having the key to a storage unit containing drugs.
Another example might be allowing another to keep drugs in a car you own. You may not actually possess the drugs but the fact that you have potential access, ownership and control can be considered constructive possession - even though the drugs are not yours. Being convicted of a drug possession charge usually involves proving that the individual had knowledge of the presence of the drug, that some intention to possess existed and that there was either actual or constructive possession.
Further, obtaining a conviction for drug possession can require proving the validity and legality of the search. Was there probable cause and were the legally correct procedures followed to protect an individual's rights against unreasonable searches? Violations of these fundamental civil rights are often grounds for the dismissal of such cases.
At The Alband Law Firm, our Fort Worth drug crime defense lawyer has a strong background in handling these cases and in determining the validity of searches that lead to drug possession related arrests.
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Drug possession laws also cover the items related to drug use, paraphernalia such as pipes or bongs, as well as chemicals or materials used in the manufacture of drugs. Under Section 481 of the Texas code this can even include "a blender, bowl, container, spoon, or mixing device used or intended for use in compounding a controlled substance". Generally, paraphernalia offenses are treated as misdemeanors although the involvement of minors or other circumstances can elevate the level of offense.
While there has been a relaxing in the law regarding possession of small amounts of marijuana this does not mean an overall lessening in the pursuit and prosecution of drug possession as a crime. The motivation behind taking a somewhat lighter approach to marijuana possession reflects budgetary concerns and overcrowded prisons. The police and the law are still very much interested in pursuing and prosecuting illegal drug possession.
The consequences can still be quite serious, especially if you have prior convictions or on probation. It is very important to contact our Fort Worth drug possession defense lawyer today to discuss your case and start building the defense you need.
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