Can You Be Charged with the Possession of Marijuana or the Possession of a Controlled Substance Just Because the Drugs Are Located in Your Vehicle?
Yes, but that does not mean you will be convicted.
The State has to prove beyond all reasonable doubt (the highest burden of proof in the country), that you intentionally or knowingly possessed the illegal substance. However, they do not have to prove ownership. For example, when a person says to the police officers, “That’s not mine, that is his and I told him not to bring it,” that is basically a confession to the police. Another example might be an occasion when two people are riding together in a vehicle and the passenger brings an illegal substance, but the driver has no idea. Is the driver responsible? No. The driver did not intentionally or knowingly possess the illegal substance. He had no knowledge of the illegal activity. It is the State’s job to try and prove beyond a reasonable doubt that the driver had knowledge of the illegal substance if they are going to prosecute him or her for the offense.
The State must bring evidence which would convince a jury beyond all reasonable doubt that the driver intentionally or knowingly possessed the illegal substance. If the State does not have enough evidence to prove the person intentionally or knowingly possessed the substance, a jury should return a verdict of not guilty.
I also believe it is important for a defense attorney to do everything he can to convince the prosecutors to not proceed with charges against someone just because the prosecutor feels the defendant probably knew of the illegal substance. That is how innocent people get convicted. It is my opinion that prosecutors should not prosecute people unless they are convinced the person is guilty and they can prove it. Unfortunately, it happens all the time.
Choosing the right Criminal Defense lawyer is one of the most important decisions you will ever make.
I will work hard for you, with the number one goal of preventing the arrest and charge from following you into your futures. I cannot promise a result, but I can promise that I will do everything within my power to accomplish that goal.
Call Fort Worth criminal attorney Stephen Handy today at +1 (817) 284-2262, if you have been accused of a drug possession charge.