What if I Didn't Know I Was in Possession of Drugs?

A major issue in most drug cases is whether you were in possession of the drugs. Possession has a specific definition in the Texas Penal Code. It means something different from ownership, which means more than one person can be in possession of the same substance. The state has to prove you had care, custody or control of the drugs. Basically, that means you have to know they were and had some control over them. That is often an issue where the substance is hidden or concealed, or you are on someone else’s property.

A question that may arise – although not often – is whether you knew what the item was. In other words, did you know it was a controlled substance.  Most of the time, it's going to be hard to argue you didn’t know what it is – but it could happen.

The Florida legislature apparently thought this was a problem, so they passed a law putting the burden on the defendant to prove they didn’t know they had a controlled substance. This week the Florida Supreme Court held the law was constitutional.  Last year, a federal district judge held the law was unconstitutional, but the Florida Supreme Court did not agree. So, as it now stands, the State doesn’t have to prove you knew you had a controlled substance.

Contact Your Waco Drug Crime Attorney for a Free Consultation

Waco drug crime attorney Walter Reaves has been practicing criminal defense law in Texas for 30 years, and, simply put, he's seen it all. He is a member of the American Academy of Forensic Sciences, and he continually stays up-to-date on current research, issues, and problems that could affect your case. Being incredibly detail-minded, he is able to find the smallest error that may just set you free with a "not guilty" verdict.

Take advantage of his years of experience in the criminal justice system and call the Law Office of Walter Reaves today at 254-296-0020​ for a free initial consultation.

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Criminal Defense Attorney Walter Reaves has been practicing law for over 35 years.