Many drug possession cases in Texas are straightforward legal matters. Police officers find drugs in someone’s immediate possession. They might have a substance in their pockets or might have it in their bloodstream. The immediate physical possession of a prohibited drug can lead to someone’s arrest and state prosecutors bringing criminal charges against them.
That being said, sometimes police officers find drugs that aren’t actually in someone’s physical possession. The drugs might be in the drawer of a console table in a shared room of an apartment with five roommates. They might be tucked under the seat in a vehicle with multiple occupants. The state might then pursue constructive possession drug charges against one of the people present.
How can a defendant push back against allegations of constructive possession?
With forensic evidence
The state often looks for any way to connect an individual to illicit substances. Gathering materials that can yield genetic evidence and possibly also fingerprints can be part of that process. In some cases, the forensic evidence gathered shows that the person accused wasn’t the one handling the drugs that police officers found. The state has an obligation to disclose its evidence to a defendant through the discovery process. A defense attorney can sometimes use the state’s evidence to raise questions about a constructive possession claim against their client.
With questions about a search
Police officers sometimes become overzealous in their attempts to enforce the law. They might illegally search a residence or a vehicle without probable cause, permission or a warrant. It is sometimes possible for a defense attorney to exclude evidence from a search during a criminal trial. Such strategies could potentially result in the dismissal of pending charges.
There are also rare cases where what police officers think are illegal drugs are actually totally benign substances. Secondary testing and the assistance of expert witnesses could help in such cases. Other times, the ability to identify who actually owned the drugs could help someone respond effectively to charges related to constructive possession.
Fighting Texas drug charges, rather than automatically pleading guilty, can potentially lead to fewer consequences for a defendant. Those who understand different potential defense strategies can minimize their chances of being subjected to an unfair criminal conviction.