The legal climate in Mexico right now has unexpectedly come out on the side of individual liberty and against the drug war, even as they spent billions of dollars fighting that drug war every year. One could argue that the legal system is in conflict with the political goals of the country in the drug war. The caveat to the ruling is that it only applies to use and possession and does not authorize transfer or sale – an interesting legal gymnastics that will likely be modified over time.

Advocates of the ruling like Lisa Sanchez of Mexicans United Against Crime have commented: “This case is about insisting on the need to stop criminalizing … drug users and designing better public policies that explore all the available options.”

On the political side – the opposition is obvious, with the Mexican government’s Federal Commission for the Protection against Sanitary Risk saying it will attempt to block the judge’s order, which was handed down earlier this year and first announced Tuesday.

On the legal side their is review as well, with a panel of judges set to review the ruling and decide whether it should be carried out.

In Texas, possession of cocaine is a felony offense if you are in possession of any detectable amount (even residue that cannot be weighed in a lab). Section 481 of the Texas Health and Safety Code regulates cocaine possession – with it being listed as a Penalty Group 1 substance.

You will sometiemes see cocaine possession as “PCS PG1” on court paperwork. The penalties for possession of cocaine in Texas are as follows:

• Less than one gram: State Jail Felony (6mo – 2Y state jail).
• 1 to 4 grams: 3rd Degree Felony (2 – 10Y TDCJ)
• 4 to 200 grams: 2nd Degree Felony ( 2 – 20Y TDCJ)
• 200 to 400 grams: 1st Degree Felony (5 – 99Y TDCJ)
• More than 400 grams: 10 to99 years, or life

CATCH A DRUG CASE?

If you are accused of possession of cocaine or ANY controlled substance drug crime

Contact attorney Tristan LeGrande TODAY!

281-684-3500

http://www.legrandelaw.com

http://www.houstondrugattorney.net

Houston Drug Attorney Tristan LeGrande

Tristan LeGrande – LeGrande Law

Who gets charged when the drugs are found in a vehicle with mutual access?

Good question.  Here’s a lawyer answer: it depends.  (Please read on, regardless…they must be able to affirmatively link you to the controlled substances or other contraband they want to charge you with).

OK…now I’m charged for Drug Possession, BUT THEY’RE NOT MY DRUGS!  How do they prove Possession?

Another good question, you’re on a roll.  Under the Texas Health and Safety Code, possession is defined as “care, custody, control or management,” of the controlled substance at issue.

MANY PEOPLE plead guilty to drugs that cannot be linked to them. 

It is CRUCIAL to consult with an attorney that is an expert in possession.

CALL Attorney Tristan LeGrande of LeGrande Law!

So How do they prove Possession anyway?

Possession– actual care, custody, control, or management.  TX Health & Safety Code Sec. 481.002(a)(38).

• Driving vehicle where drugs found insufficient – you must prove: “affirmative links“:
  • State must prove the defendant exercised actual care, custody, control, or management over the contraband and (2) knew the object he possessed was contraband. Linton v. State, 15 S.W.3d 615, 619 (Tex.App.–Houston [14th Dist.] 2000, pet. ref’d).
  • Affirmative Links may be proved by circumstantial evidence, such evidence must affirmatively link the defendant to the offense, so that one may reasonably infer the defendant knew of the contraband’s existence and exercised control over it. See McGoldrick v. State, 682 S.W.2d 573, 578 (Tex.Crim.App.1985).
• “Affirmative links“ between the appellant & contraband include:
  • (1) appellant’s presence when the contraband was discovered;
  • (2) whether the contraband was in plain view;
  • (3) appellant’s proximity to and accessibility of the narcotic;
  • (4) whether the appellant was under the influence of narcotics when arrested;
  • (5) whether appellant possessed other contraband when arrested;
  • (6) whether appellant made incriminating statements when arrested;
  • (7) whether appellant attempted to flee;
  • (8) whether appellant made furtive gestures;
  • (9) whether there was an odor of the contraband;
  • (10) whether other contraband or drug paraphernalia was present;
  • (11) whether the place where the drugs were found was enclosed; and
  • (12) whether appellant owned or had the right to possess the place where the drugs were found.

Chavez v. State, 769 S.W.2d 284, 288-89 (Tex.App.–Houston [1st Dist.] 1989, pet. ref’d).

So what does this mean??  It means you should not even consider pleading  guilty to drug possession charges unless they were your drugs.  Just because you are in the car with someone that is holding, does not mean you can be charged with possession of the drugs they have on them!

If charged with possession of marijuana or possession of a controlled substance, DO NOT PLEAD GUILTY – Instead, contact LeGrande Law…we have a track record of winning drug possession cases!

LEGRANDE LAW WINS DRUG POSSESSION CASES

If you are accused of any drug crime, including Possession of THC Concentrate, or other controlled substances, you need an attorney with a track record of winning drug cases.  Attorney Tristan LeGrande gets results – CALL NOW for a Free Consultation!

Contact attorney Tristan LeGrande by calling 281-684-3500

http://www.legrandelaw.com

http://www.houstondrugattorney.net

Houston Drug Attorney Tristan LeGrande

Tristan LeGrande – LeGrande Law