Possession Offenses and Exclusion of Evidence

By Allen, Texas Criminal Defense Lawyer Kyle T. Therrian
Office Number: (972) 562-7549
24 Hr Jail Release: (214) 403-6522



Most possession offenses fall into one of three categories:

  1. Possession of illegal drugs or drug paraphernalia
  2. Prohibited possession of alcohol
  3. Possession of unlicensed weapons

The first step in evaluating a criminal case is to consider the evidence that that has been gathered against you. Making this the starting point is only logical because it is and always will be the State’s burden to present proof beyond a reasonable doubt to obtain a conviction. Most people will instinctively evaluate their own case and usually do so in close proximity to the time of the arrest. The mind’s eagerness to learn how bad the situation is can result in a perspective that is created by the input of the arresting officer. More often than not, this can result in a feeling of hopelessness and a belief that representation is unnecessary.

Evaluating your case based on police input or even your own impressions is usually counterproductive in a possession case. Possession cases are ripe with legal arguments which can drastically change the outcome of a case. Almost every possession case involves a search of a person, property, or vehicle. The Fourth Amendment to the U.S. Constitution and various State laws require the police to adhere to very scrupulous procedures when conducting an investigation that requires a search of any person or thing. Failing to follow proper procedure results in evidence being “thrown out,” or “excluded.” This happens more often than many people would expect.

It is only after a determination of whether each piece of evidence was gathered according to the proper procedure that a person can have a meaningful perspective of whether their case is a “good one” or a “bad one.” Even for people who are opposed to the prospect of a trial, presentation of the legal issues to the prosecutor can help drive plea negotiations. The role of a criminal attorney encompasses these and many other tasks, and with the right attorney, your outlook can quickly go from bleak and hopeless to manageable and positive.

*Kyle Therrian is an attorney licensed to practice in the State of Texas. Nothing in this article is intended to be legal advice. For legal advice on any case you should contact an attorney directly.

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