Legal Question in Criminal Law in Texas

Possession Law?

I recently severed as a Juror on a drug case, where the defendant was being charged with �Possession with the intent to distribute.� This resulted in a hung jury because we were not able to agree on the overall intent of the possession law. The specific point of contention was, ��his awareness of his control of the thing�� Can you provide me with legal intent of this phrase? Also can you provide me with a link where I may find the Possession code (law)?


Asked on 3/09/07, 3:43 pm

1 Answer from Attorneys

ERICK PLATTEN LAW OFFICE OF ERICK PLATTEN

Re: Possession Law?

Hello there,

This is a very good question. When does someone have intent to commit a crime?

Intent as defined in the Texas Penal Code is as follows:

Section 6.03 DEFINITIONS OF CULPABLE MENTAL STATE (a) A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.

This definition should have been included in the charge to the jury for the jurors to read word for word so they could understand what an intentional act is.

However, I commend you for standing by your principles and being a hold out juror when you either didn't understand the law or believed the individual accused didn't intend his actions.

Jurors have the ultimate power over weather or not someone is convicted and possibly goes to jail or prison, so it sounds like the your jury did the right thing if there was a question of intent.

Sincerely,

Erick Platten

PLATTEN LAW OFFICE

STATE WIDE REPRESENTATION

24 HOUR EMERGENCY SUPPORT

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Answered on 3/09/07, 4:54 pm


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