Legal Question in Criminal Law in Texas

Possession is the actual care, custody, control or management over the item. For example, the clothes in my closet at my home which is 30 minutes from where I presently am are possessed by me if the prosecution could prove that I have care, custody, control or management. In other words, I bought the clothes, I hung them in the closet, I wear them, I launder them. They may or may not be able to prove that. So if drugs are found in a house, the issues are what are the affirmative links between the drugs and you? If they are in a bedroom drawer where mail addressed to you is also laying, that would be some proof.

As far as penalties are concerned, prior State jail felonies are not available for enhancement of non State jail felony offenses as a general rule. You don't say what the drug was. If the drug was a penalty group 1 drug (cocaine, meth, heroin and others) then straight possession 4-200 grams is a second degree felony carrying 2-20 years and up to $10,000 fine. Often at higher ends of the 4-200 grams they will charge you with possession with intent to deliver which is a first degree felony carrying 5-99 years or life and up to a $10,000 fine. Since you have felony convictions, if convicted at a trial, a jury cannot give you probation.

You should always consult with a Board Certified Criminal Law Specialist to protect your interests.

Wes Ball

Board Certified in Criminal Law

www.ballhase.com