Marijuana Possession 2018-07-08T21:03:38+00:00

Marijuana Possession Charges

Criminal defense lawyers often deal with marijuana possession issues in their law practices. The most common drug-related charge brought against folks in Bryan-College Station involves small amounts of marijuana. The question I hear most from clients concerns the difference between possession and ownership as it relates to the Brazos County charges brought against them. Texas criminal law prohibits more than ownership of marijuana. Rather, possession is the key issue. Or should I say “knowing” possession is the most common hook upon which the defense lawyer hangs their hat. Let’s look first at how possession is defined.

Arrested for Marijuana Possession in Bryan-College Station?

Possession is typically defined as having “actual care, custody, control, or management” of some illicit contraband. Note that “ownership” is not included in this definition. In other words, someone need not own something in order to possess it. A simple example helps explain the point. Suppose several college buddies (all under 21 years of age) go out for a night on the town. One person brings along a six pack of Bud Light which they purchased earlier in the evening. (a separate offense, by the way) Each person has a beer and finishes by throwing their empty cans on to the backseat floorboard. A traffic stop then occurs where the police seen the unopened cans of beer in the front seat. Although the one friend owned the beer, each person in the car could potentially be charged with possessing the alcoholic beverages.

How Can a College Station Marijuana Possession Defense Lawyer Help?

Another, often overlooked, aspect of the possession case is whether the charged person “knew” they were in possession. If the police cannot prove the suspect knowingly possessed marijuana, they are unable to obtain a conviction. Supposed the same group of friends went out together, but this time without the beer. Instead, the owner of the car had baggies of marijuana stashed under the seats, in the glove box, and in the trunk . . . all without the knowledge of his friends. The same traffic stop occurs and the marijuana is located by the police. Although the marijuana was within easy reach of each person in the car, only the driver actually knew it was there. Commonly, each person would be arrested and charged. However, unless the prosecutor can prove knowledge, the accused friends should escape conviction. (with the help of a good College Station defense attorney, of course).

Possession charges for marijuana are one of the most common criminal offenses charged against persons in Bryan-College Station. However, the experienced defense lawyer can help the accused person navigate those dangerous waters. Help is available, so don’t go it alone. If we decide to accept representation in your case, rest assured you will have an experienced advocate on your side, fully prepared to go the distance to defend your legal rights.

 

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