Knowingly in Possession = Guilty? No.

Lawful Possession

People?get arrested for having a substance that was prescribed to them by a doctor. ?Reese calls this the grandma defense. ?Its seems as though the police believe you must always keep your medication in a prescription bottle however there is no such requirement. ? Just like grandma has her Monday through Sunday pill box, you don’t have to carry your prescription around with you. ?But if you don’t look like grandma, then there is a good chance you are going to get arrested.

Substance Not Illegal

People get arrested for substances that aren’t even illegal. ?Yes, Reese once had to prove to a prosecutor that his client did not violate any laws by possessing?suboxone. ?This was after his client had been arrested by the police, went in front of a Judge and had the charges filed by the District Attorney. ? Also, lab reports come back as negative even when people thought they did have an illegal substance…

Violation of Rights

Illegal stops, detentions, and searches lead to inadmissible evidence.

Evidence Obtained Illegally

Similar but not the same as a violation of rights. ?Texas law provides that any evidence obtained in violation of?any law?(not just in violation of rights) is not admissible against you. ?Doesn’t come up often but someone couldn’t break into your home and then later testify against you regarding cocaine they saw on your kitchen table.

Reese Campbell

A Message from the Daly Campbell Law Firm:

We hope you and your loved ones have remained healthy and safe this year as we all wade through the Coronavirus pandemic together.

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