Possession of a controlled substance in Texas refers to the “actual care, custody, control or management” of any substance controlled by the law. If you face drug possession charges, the prosecution has to prove two things to a jury. You had custody, control, care, or management of the substance. You understand that the substance was illegal. In other words, the prosecution has to prove that you knowingly possess a drug outlawed in the State of Texas. During a drug possession trial in Houston, the prosecutor has the ability to use both circumstantial and direct evidence to prove their case. Often, direct evidence of drug possession is enough for the prosecution to secure the conviction. However, when the state cannot prove exclusive possession where the substance was found, they must then prove either control or custody. Generally speaking, this involves a set of independent factors to link you to the drugs. Independent Factors to Consider Your presence during a search for controlled substances Whether your conduct indicated a consciousness of your guilt If the contraband was in your open view Your proximity to and accessibility of the substance Whether there was drug paraphernalia or other contraband items present The odor of contraband at the scene Any furtive gestures you made during the search Whether the location of the drugs was enclosed or accessible to you Any large amounts of cash found in your possession Whether you were under the influence of any narcotics at the time of your arrest Possession of other narcotics or contraband at the time of your arrest Any incriminating statements made at the time of the arrest Whether you own or had the right to possess the location where the drugs were found In order to prove their case for possession of a controlled substance, the prosecution must do more than simply check off factors. Instead, their case depends on the “logical force that the factors create.” They must establish a link between you and the substance in question. When they prove that you possessed a controlled substance solely or jointly, they have a better chance of obtaining a conviction. With our Houston drug crimes lawyers on your side, you have advocates who strive to protect your rights and your future. Schedule a free consultation* with our legal team today!