What possible defense do I have in a drug case?

Corsicana, TX criminal defense attorney, Steve Keathley talks about the possible defenses one might have in a drug case.

Contact Steve Keathley

Phone: (903) 872-4244

Transcript:

One of the things that I would say to clients that come to me that have been involved in an arrest or an accusation of possession of a controlled substance is a little caveat that not a lot of people talk about, in fact, I completely neglected it when I just mentioned it to you. And that is it’s not so much to say you possessed a narcotic or possessed an illegal substance but it’s intentionally possessing the illegal substance and proximity to the substance does not make it simply illegal or make your actions illegal by itself. You have to have to the intent to possess and that sounds kind of archaic or maybe a little bit lawyeristic but you have to understand the definition of possession and possession means exercising care, customer, control over the object or management of the object.

So if you’re just merely in the presence of that substance, it doesn’t necessarily make it illegal and you have to actually have intent to exercise care, custody, and control of the object. And so when you have a person that is say arrested in a car where he has a friend that is in possession of a substance and he’s also arrested because of his proximity that doesn’t necessarily make him guilty of the crime. It may make him or she guilty of not very good judgement considering given the circumstances but not necessarily guilty of intentionally possessing the illegal substance.