The Law Office of Joseph Moreno

Federal and State Criminal Defense


Affirmative Links

Posted on October 18, 2017 at 1:35 AM

     Sometimes arrests are made of multiple people for a single case. For instance, in a situation where a vehicle is pulled over and searched the officer may discover the presence of marijuana or some other contraband in the vehicle. Typically, in such a case, if no one "accepts responsibility" at the scene (Which I do not recommend anyone ever do) everyone will get arrested.

Often, individuals are advised by their friends, family, or loved ones that they might as well just plead guilty  because they were present where drugs were found and they will obviously be found guilty. Sometimes, defendants receive that same type of advice from inexperienced attorneys or experienced attorneys looking to quickly flip a case. (See my blog "Be Careful What you Wish For. . . You Just Might Get It")

     Even if the vehicle was yours or was in your care, you have a right to fight the case. Aside from potential issues with challenges to the validity of the stop, search, and seizure, mere presence is not enough for the State to prove its case against you Beyond a Reasonable Doubt. The State must prove additional independent facts and circumstances that affirmatively link the defendant to the contraband in such a way that it can be concluded that the defendant had knowledge of the contraband and exercised control over it.. Nhem v. State, 129 S.W. 3d 696, 699-700 (Tex. App.-Houston [1st Dist.] 2004, no pet.).  

     This applies to any place where multiple people may be implied in a possession case, including a residence, office building, or any other location. Don't give up the fight simply because it looks like it will be difficult. If you've been arrested for possession of marijuana or possession of a controlled substance in San Antonio, Corpus Christi, Brownsville, or any other city in South Texas, call the Law Office of Joseph Moreno to assist you in your defense.

Categories: Legalese