Drug Possession Legal Guidance

Summary

Constructive possession in Montgomery County, Texas, means you can be charged if drugs are in close proximity or under your control. Even if drugs are found outside your vehicle, you could still face charges. Defenses include lack of knowledge, lack of control, or mistaken identity. Consult a local attorney for personalized advice.

Full Conversation

If I get into an accident and there's drugs found by my vehicle when police arrive can I be charged
Yes, you can potentially be charged. If the drugs are in "close proximity" or if you have "dominion and control" over them, you can potentially be charged with "constructive possession". Consult a local attorney for specific advice.
What if I passed out in a Taco Bell parking lot and my drugs are outside of the vehicle in the grass
Even in this scenario, you could be charged under "constructive possession" if the drugs were within your control or close proximity. However, each case varies, so consult a local attorney.
Defenses for a constructive possession
For a constructive possession defense in Montgomery County, Texas, you could consider:
- Lack of knowledge about the drugs
- Drugs were not within your control
- Drugs were not in close proximity
- Mistaken identity or wrongful arrest
However, professional legal advice from an attorney is recommended.