Can I Be Charged with Drug Possession if the Drugs Were Not Mine?

 Posted on March 14, 2025 in Drug Crimes

Did you know that in Texas, you can face drug possession charges even if the drugs found were not actually yours? Understanding how Texas law defines possession is critical if you are accused of it. A qualified Texas criminal defense lawyer with experience fighting these types of charges can explain your options and advocate for a favorable outcome.

How Does Texas Law Address Drug Possession?

Under Texas law, possession is defined as having "care, custody, control, or management" of a controlled substance. You do not have to physically have drugs in your hand or pocket to be charged. Prosecutors can argue that you had access to or control over the drugs even if they were not yours.

How Can Innocent People Face Drug Possession Charges?

There are several scenarios that can result in a wrongful accusation of drug possession:

• Riding in a car: If police find drugs in a car and you are one of multiple people inside, all of you could face possession charges — even if the drugs belong to someone else.

• Living in a shared space: Drugs found in your home or apartment that you share with roommates could lead to charges for all of you, regardless of who owns them.

• Misplaced or misidentified personal belongings: If drugs are found in a backpack, purse, or jacket that you borrowed, law enforcement might assume that because you were holding them, you are responsible for them.

What are Key Defenses for Wrongful Accusations of Drug Possession?

An experienced Texas criminal defense attorney can build a strong defense by challenging the prosecution’s claims and highlighting weaknesses in their case. Common defense strategies include:

Lack of Knowledge

Texas law requires you to have knowingly possessed drugs to be charged. If your attorney can show that you did not know about the drugs, this can undermine the prosecution’s case.

Lack of Control or Access

If your lawyer can demonstrate that you did not have access to or control over the area where the drugs were found, this could strengthen your defense. This would apply if, for example, you borrowed someone’s car and drugs were hidden in a locked glove compartment that you could not access.

Insufficient Evidence

For charges to stick, the prosecution needs to prove beyond a reasonable doubt that you knowingly possessed the drugs. If the evidence is circumstantial or vague, your attorney can argue that the state has not met its burden of proof.

Your Rights Were Violated

If law enforcement officers conducted an illegal search or seizure — for example, by stopping your vehicle without reasonable suspicion — your lawyer can move to suppress the evidence, which could lead to reduced charges or even a dismissal.

Schedule a Free Consultation with a Tarrant County, TX Drug Possession Defense Attorney

Facing drug possession charges can be overwhelming, particularly if you are wrongfully accused and the drugs were not even yours. In Texas, these charges can have serious consequences. An experienced Fort Worth, TX criminal defense lawyer can evaluate the evidence, challenge weak points in the prosecution’s case, and present strong legal arguments in your favor. At The Dameron Law Firm, we are dedicated to providing our clients with the strongest defenses so they have the best chances of a favorable outcome. Call us at 817-222-0624 to schedule a free consultation.