When it comes to drug and weapons crimes, just how does the state of Texas
define "possession?" As many accused can attest, illegal items
do not need to be found directly on your person for you to be charged
and convicted of possession. Generally speaking, Texas recognizes two
types of possession in these cases: actual possession and constructive
These types of possession are defined as:
- Actual possession occurs when law enforcement finds illegal items on the
accused's person. This means in their hand, in a bag their carrying,
in their pocket, or hidden elsewhere on their clothing or on their bodies.
- Constructive possession occurs when law enforcement finds illegal items
in a location where it can be reasonably assumed that the accused had
control over the items. Essentially, this means that the items are found
somewhere where the accused has or had access to—often times for
Common examples of constructive possession including finding drugs or guns
in the automobile of the accused, or in their home, or the home of a known
associate, like a romantic partner. Frequently, the broad assumptions
of constructive possession allows law enforcement to arrest multiple parties
for the possession of the same illegal items.
Challenging "Possession" in the Courtroom
In most cases, actual possession is difficult to completely disprove in
court. In some instances, an individual may not be aware that they are
carrying a controlled substance, but the prosecution in these cases does
not have to work very hard to implicate the accused who are found with
illegal items on their person.
Constructive possession, however, offers different challenges for the prosecution.
There is a level of assumption with constructive possession that allows
for inaccuracies and reasonable doubt. If you have been charged with
drug possession or weapons possession due to an allegation of constructive possession,
then it is recommended you speak to capable legal representation today
to start exploring your defense options.
The Law Office of Jason Luong, PLLC, Attorney Luong is an award-winning prosecutor who now dedicates his skills
to advocating for the accused. His prowess both in and outside the courtroom—along
with his experience with our local court system—ensures that each
of our clients' receives every consideration they deserve when confronting
the allegations against them.
Do not face this uncertain time without a proven Houston criminal defense
attorney on your side.
Contact us today.