The law defines possession as "actual care, custody, control, or management". A person cannot possess something of which he is not aware. In order for the State to prove its drug charge, it must prove that a person actually knowingly possessed the drugs. For instance, a mail man who delivers a box full of drugs does not legally possess the drugs since he is not aware of the contents of the box.
Even if drugs are found in a person's vehicle, this does not automatically mean that the person possessed the drugs. For instance, the drugs could have been located between the seats in the back and the person could have just had multiple passengers in his vehicle. It is important to hire a Round Rock criminal defense attorney knowledgeable in the applicable areas of law for drug possession to determine what the defenses in your case may be.
Penalty ranges for drug charges vary greatly. However, regardless of whether the case is a misdemeanor or a felony, the State prosecutes drug crimes vigorously and so your defense should be just as vigorous. Drug charges can result in large fines, jail time, license suspensions, and irreparable damage to your criminal history record.
Round Rock Drug Possession Defense Attorney Today
At the Law Office of Ryan H. Deck, we know from experience that the key to defending against drug charges is a thorough mastery of search and seizure laws. For instance, in order for a police officer to search your vehicle without your consent, he must have probable cause to believe that contraband is in your vehicle. Oftentimes, the probable cause that the officers use to search a person's vehicle is questionable, at best.
Our Williamson County criminal defense lawyer will conduct a thorough investigation of the facts the officer used to establish probable cause. Ryan will litigate the issue of probable cause to the judge by filing a Motion to Suppress. If this motion is granted, the results of the search will be suppressed and your case would very likely be dismissed.
Ryan Deck grew up in Williamson County where he attended Round Rock High School. After graduation, he attended Trinity University in San Antonio, Texas. After receiving his undergraduate degree in Finance, he attended The University of Houston Law Center, graduating in 2003.
