If you have been arrested for drug possession or delivery in Houston or anywhere in Texas, an experienced criminal defense attorney will want to challenge the “affirmative link” between a suspect and any illegal drug he is accused of possessing.
In many cases, the illegal drug is not found on a person, but instead nearby, often in an area that others had access to. In these cases, prosecutors will have trouble proving an affirmative link. It is important to remember that being merely present in the same area of drugs is not enough to be convicted.
An experienced criminal defense attorney will challenge the affirmative link by closely examining the facts of the case, and asking some of the following questions: Was the area where the drugs were found open to the public? Were the drugs found along with any other indicia of possession, like a driver’s license? Did anyone admit to possession of the drugs? Did the police collect any additional evidence – like texts messages, letters, or ledgers indicating transactions – to determine who possessed the drugs? Did the police bother to collect evidence like DNA evidence or fingerprints to find out who handled the drugs?
When someone’s freedom is on the line, we expect that the police will conduct a thorough investigation before charging someone with drug possession or delivery. But far too often, the police rely on weak evidence to charge someone. In these cases, an experienced criminal defense lawyer can challenge the affirmative link with the goal of getting a case dismissed, or getting a “not guilty” verdict at trial.