Houston Drug Lawyer

Possession of a controlled substance in Texas refers to the “actual care, custody, control or management” of any substance controlled by the law. If you face drug possession charges, the prosecution has to prove two things to a jury.

1. You had custody, control, care, or management of the substance.
2. You understand that the substance was illegal.

In other words, the prosecution has to prove that you knowingly possess a drug outlawed in the State of Texas. During a drug possession trial in Houston, the prosecutor has the ability to use both circumstantial and direct evidence to prove their case.

Often, direct evidence of drug possession is enough for the prosecution to secure the conviction. However, when the state cannot prove exclusive possession where the substance was found, they must then prove either control or custody.

Generally speaking, this involves a set of independent factors to link you to the drugs.

Independent Factors to Consider

• Your presence during a search for controlled substances
• Whether your conduct indicated a consciousness of your guilt
• If the contraband was in your open view
• Your proximity to and accessibility of the substance
• Whether there was drug paraphernalia or other contraband items present
• The odor of contraband at the scene
• Any furtive gestures you made during the search
• Whether the location of the drugs was enclosed or accessible to you
• Any large amounts of cash found in your possession
• Whether you were under the influence of any narcotics at the time of your arrest
• Possession of other narcotics or contraband at the time of your arrest
• Any incriminating statements made at the time of the arrest
• Whether you own or had the right to possess the location where the drugs were found

In order to prove their case for possession of a controlled substance, the prosecution must do more than simply check off factors. Instead, their case depends on the “logical force that the factors create.” They must establish a link between you and the substance in question.

When they prove that you possessed a controlled substance solely or jointly, they have a better chance of obtaining a conviction. With our Houston drug crimes lawyers on your side, you have advocates who strive to protect your rights and your future.

Schedule a free consultation* with our legal team today!

When it comes to possession of a controlled substance, Texas is strict. However, there are potential defenses to help you avoid a conviction. When you work with our Houston drug possession attorneys, we strive to build a strong defense.

Our goal is always to pursue the best possible outcome for your case. Below, we list a few potential defenses common to drug possession cases.

Valid Prescription

Among the controlled substances in Texas, there are a few that are legal to possess with a valid prescription from a doctor. When you face charges for possession but have a valid prescription prior to your arrest, you have a strong defense against possession of a controlled substance.

Lack of Knowledge of Possession

As mentioned above, a conviction for possession of a controlled substance requires that you knowingly possess the drug. If you were unaware that the drugs were in your possession, you may have a defense. Alternatively, if you did not know the substance was illegal, that is another potential defense.

Not Intended for Human Consumption

While substances have legal controls for human use, some have exemptions for use with animals. However, for this to be a valid defense, it requires some type of authorization.

Insufficient Amount

For a conviction of drug possession, there has to be a “usable amount” of a drug. Typically, this means a high enough amount to allow for lab testing. In certain cases, the search results in an amount of narcotics so small that a lab cannot properly test it.

If that’s the case, you may have a defense.