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Monique Sparks

What Is Constructive Possession in Texas?

| Aug 2, 2024 | Firm News

Unfortunately, many people are unaware of the different laws in place surrounding drug possession. As such, this means that those facing this offense often underestimate the severity of the charges against them. If you are found with drugs, it’s important to understand that the police can charge you with possession even if the drugs are not physically in your possession. The following blog explores what you should know about this constructive possession charge and why it’s in your best interest to connect with Houston drug crime lawyers.

What Does Constructive Possession Mean?

When you are charged with drug possession, you may assume that you need the drugs physically on your person to be charged. However, this is not true. In Texas, there are two possession standards you can face charges for. The first is actual possession which is what most people think of. This means the drugs were on you at the time the police discovered them, like in your hand or pocket.

However, you can be charged with what’s known as constructive possession. Essentially, this means the drugs aren’t on you but rather are in your general vicinity. For example, if you are in a living room with three friends, and there are drugs on a coffee table when the police enter the home, all three of you can be charged with constructive possession. This is because you are all equally in control of the drugs.

Generally, as long as the prosecution can prove that you knew about the presence of the drugs, knew the drugs were illegal, and exercised control over the substance, you can face a constructive possession charge. This is regardless of who technically owns the drug.

What Should I Do if I’m Charged?

If you are charged with constructive possession, it’s important to understand that despite being somewhat difficult to prove, the prosecution will do everything possible to hold you liable. That is why connecting with an experienced attorney who can defend you during these matters is critical.

Working with an attorney is imperative to fighting for the best possible outcome for your situation. They can examine the circumstances of the case to determine what defense or course of action is best for you. Potential defenses include proving you did not know the drugs were there, proving you had reason to believe they were legal, or showing that you did not have control over the substance.

At the Sparks Law Firm, our dedicated legal team will do everything possible to assist you through these matters. We understand how complicated it can be to face drug-related charges, which is why our firm is ready to fight for you. Connect with us today to learn how we will assist you through these complicated issues.