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Possible Defenses for Possession in Texas

Posted in Criminal Defense on October 23, 2023

Possession charges can be daunting and carry significant legal consequences. If you find yourself facing such charges in Texas, understanding your rights and potential defenses is paramount. Whether it’s drug possession, firearm possession, or any other possession-related offense, knowing how to navigate the legal complexities can make a world of difference in the outcome of your case. 

The stakes are high when you’re facing possession charges, but Mary E. Conn & Associates is here to provide the expertise, support, and unwavering advocacy you need. Our team is committed to safeguarding your rights by challenging unlawful searches, establishing a lack of knowledge or control, or scrutinizing evidence-handling procedures. Call Mary E. Conn & Associates today to take the first step toward securing a strong defense and protecting your future. 

Exploring Possible Defenses for Possession Charges in Texas

Possession charges can be serious and carry substantial legal consequences. However, some potential defenses for these charges include:

Unlawful Search and Seizure

Under the Fourth Amendment to the United States Constitution, individuals are protected from unreasonable searches and seizures by law enforcement. If your rights were violated during a search – for example, if the police did not have a valid search warrant or lacked probable cause – any evidence obtained through that illegal search may be deemed inadmissible in court. An experienced defense attorney will meticulously examine the circumstances of your arrest to determine whether your Fourth Amendment rights were infringed upon.

Lack of Knowledge or Control

In some cases, individuals may unknowingly possess contraband or lack control over the item in question. For instance, if you borrowed a friend’s car and illegal substances were found in the vehicle without your knowledge, you may have a valid defense. Similarly, if someone planted contraband on your property without your awareness, you may be able to argue that you had no control over the illegal item. Proving a lack of knowledge or control can be complex, but a skilled attorney can help gather evidence to support this defense.

Proving Ownership

Another defense strategy may involve challenging whether you were the actual owner of the item in question. It’s not uncommon for individuals to be charged with possession when the contraband belongs to someone else. Effective legal representation can help establish the item did not belong to you and that you had no intent to control or use it.

Chain of Custody and Evidence Handling

To secure a conviction, the prosecution must demonstrate that the evidence presented in court is reliable and untampered. Challenging the chain of custody and evidence-handling procedures can be an effective defense strategy. If there are discrepancies or uncertainties regarding how the evidence was collected, stored, or handled, it may cast doubt on its authenticity and admissibility.

Facing Possession Charges? Contact Mary E. Conn & Associates Today

In the face of possession charges, it’s vital to remember you have rights and there are potential defenses that can be utilized to protect those rights. However, navigating the legal intricacies and mounting an effective defense requires the expertise and guidance of experienced legal professionals. That’s where Mary E. Conn & Associates comes in.

Mary E. Conn & Associates is your dedicated partner in securing the best possible defense. Our legal team has the knowledge, experience, and unwavering commitment to protect your rights and future. Your defense matters, and with Mary E. Conn & Associates by your side, you can face your possession charges with confidence, knowing your rights are being vigorously defended. Contact our skilled team today by calling us at (713) 357-4190 or completing our online contact form.

CALL US TODAY 713-357-4190