QUESTION
what is considered possesion of controlled substance
Asked on Feb 07th, 2014 on Drug Crimes - Texas
More details to this question:
I was pulled over and i agreed to a vehicle search and nothing was found in the vehicle but the officer found some narcotics by the rear tire of his vehicle which i was never anywhere around but i was charged with the drugs anyway
1 ANSWER
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Possession is defined in the code as "care, custody, control, and maintenance." Obviously, what you have described doesn't really fit within any of those terms. However, the State can argue that there is a "logical nexus" between you and the drugs, and a jury could conclude that you were indeed, in possession of those drugs. The best thing to do is hire an attorney who will do a proper investigation of your case, and who is willing to fight for you, all the way to a trial, if one becomes necessary.
Answered on Feb 07th, 2014 at 3:07 PM