Drug Possession Charges | Proving Lack of Intent

Texas Drug Possession Charges

Under Texas law, drug possession involves having a controlled substance or marijuana in your “actual care, custody, control, or management.” A key aspect of drug offenses is that the person knowingly commits the violation. In defending against drug possession charges, you may argue that you did not intend to or know that you had a controlled substance in your custody or control.

Understanding Intent

In criminal cases, intent refers to the defendant's mental state at the time the alleged crime occurred. It signifies their awareness of wrongdoing and deliberate choice to commit the act.

For example, in drug possession cases, proving intent means demonstrating the defendant knowingly possessed the controlled substance. Mere presence alone isn't enough; the prosecution must establish the defendant actively possessed the drug with an awareness of its nature and illegality.

Types of Intent: General vs. Specific

There are two primary types of intent in criminal law:

  • General intent. In drug possession cases, general intent implies that the defendant knew they were carrying drugs, irrespective of what they planned to do with them. Even if they didn't intend to use or distribute the drugs, the mere knowledge of possession is sufficient for a general intent charge.
  • Specific intent. This goes a step further. It involves not just knowledge of possession but a specific intent to use or distribute the drugs. For instance, if a person was found with a large quantity of drugs and paraphernalia associated with distribution, it might be inferred that they intended to sell the drugs, leading to a specific intent charge.

Building a Defense: Proving Lack of Intent

One of the most effective defenses in drug possession cases is establishing a lack of intent. This approach involves demonstrating that the defendant was unaware of the presence of drugs or that they didn't possess the required intent to use or distribute them.

Here are some practical steps to build a strong defense:

  • Gather evidence. Collect any available evidence that supports your claim of lack of intent. This might include text messages, emails, or witness statements.
  • Question the evidence. Scrutinize the prosecution's evidence. Was the search and seizure lawful? Can they definitively link the drugs to you?
  • Hire an experienced criminal defense attorney. An attorney well-versed in drug possession cases can help develop a robust defense strategy and guide you through the legal process.

Reliable Legal Counsel

At The Clark Law Firm, our team offers clients aggressive, results-driven counsel. Should you or a loved one be charged with drug possession, we stand ready to assist you. Our attorneys are adept at crafting personalized defense strategies that reflect the unique circumstances of each case.

When you retain our services, we can meticulously examine all evidence, challenging its credibility and legality whenever possible. With The Clark Law Firm by your side, you're not just getting representation; you're gaining a dedicated partner in your legal journey.

Call (817) 435-4970 to request a case consultation.


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