San Antonio, TX asked in Criminal Law for Texas

Q: Can I b convicted of possession of a controlled substance even if it wasn't found on me but in my belongings?

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2 Lawyer Answers
Vonnie Clay Dones III
PREMIUM
Answered

A: If it is determined that you were in an area in which you had actual care, custody, control, or management of the drug substance such as a home, car, or bag, although it may not be actual possession in your case, it can be constructive possession. Therefore, the prosecutor can argue constructive possession to satisfy the possession requirement.

Tara Gilmore-Low
PREMIUM
Answered

A: Yes, under certain circumstances. For example, if the drugs were in your purse or your luggage. That is something that you were in "control" of, while it was not direct possession, the State can show constructive possession which is sufficient to satisfy the statute, however, contact a lawyer in your area. There are a number of possible defenses to be looked into.

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