Is My “Mere Presence” Near Illegal Drugs Enough to Prove Possession?

September 7th, 2021 by Tad Nelson in Criminal Defense, Drug Crime, Felony, Misdemeanor Crimes

You probably already know that possession of certain drugs–or “controlled substances,” as they are technically known under Texas law–is illegal. For example, if an officer arrests you and finds a baggie filled with cocaine in your pocket, it is a pretty safe bet the prosecution will cite that as proof you knowingly possessed a controlled […]

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Actual vs. Constructive Possession in Texas Drug Crimes Cases

July 9th, 2021 by Tad Nelson in Drug Crime, Felony Crimes, Marijuana Possession, Misdemeanor Crimes

When it comes to drug possession charges, the elements that prosecutors must prove are the same in every case. The Texas Controlled Substances Act prohibits the knowing, intentional possession of a controlled substance that is listed on different Schedules and/or Penalties groups. The nature of the charges varies by the type of drug, but the […]

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