Legal Question in Criminal Law in Texas
What are the elements a prosecutor must prove in order to convict someone of the charge of Delivery of a Controlled Substance/Marijuana? Does possession have to be proven first? There's no arrest for possession, nor a charge for possession. Thank you
1 Answer from Attorneys
Delivery can be done by direct transfer, or by constructive transfer. Let's say you tell somebody that if they pay you X dollars, your friend Joe will hand them some dope? Or let's say you tell them to leave the money under the door matt and the dope will be under the rock the next day. If this can be proved, then you can be convicted of delivery of the dope, even thought there is no evidence that you possessed it.
The basic idea is that you caused the drugs to be transferred to the recipient. Since these situations can sometimes be complex and liberty and the creation of a criminal record are at stake, it is highly advisable that you have a Board Certified Criminal Law Specialist review your situation.
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