The Legal Definition of Drug Possession

February 23, 2015

Criminal Defense Lawyer | DWI, Drug, Theft & Assault Charges

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

www.rosenthalwadas.com

(972) 369-0577

Drug crimes in Texas operate very similarly to one another regardless of the substance alleged to be possessed.  While the specific substance and the quantity dictate the level of offense, the law of “possession” in Texas is consistent.

Many people feel as though because they were in a situation where drugs were present that they are guilty of an offense.  Not so in Texas.

“Possession” is defined by Texas Penal Code 1.07(a)(39) as “actual care, custody, control or management.”

The operative word (in my opinion) is “actual.”  This means the prosecution must prove the drugs were in your possession — i.e. that the defendant ACTUALLY exercised some degree of of care, custody, control or management — of whatever contraband they have alleged the accused possessed.

If you think about how the police tend to encounter drugs…

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When You’re Entitled to a New Trial in Texas

February 13, 2015

Criminal Defense Lawyer | DWI, Drug, Theft & Assault Charges

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

www.rosenthalwadas.com

Regardless of whether you were convicted of DWI, marijuana or cocaine possession, assault, or any other offense in Texas, you may be able to get a new trial.

There are two main ways to get a new trail in Texas criminal cases. One is through a formal appeal to the courts of appeal (which takes lots of time and patience) and the other way is that the trial judge can grant you a new trial — but only of you act quickly after the conviction!

Texas Rule of Appellate Procedure 21 governs new trials through the trial court. This means the same judge that tried the original case will be the judge that decides whether you get a new trial under this rule. Under TRAP 21.4, you only have 30 days to file a “Motion for New Trial”.  If…

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