Comments on: Texas Possession Law — The Five Basic Defenses http://bennettandbennett.com/blog/2007/07/texas-possession-law-six-basic-defenses.html the tao of criminal defense trial lawyering Wed, 17 Mar 2010 19:13:55 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Anonymous http://bennettandbennett.com/blog/2007/07/texas-possession-law-six-basic-defenses.html/comment-page-1#comment-3397 Anonymous Mon, 19 May 2008 04:16:52 +0000 http://bennettandbennett.com/blog/?p=199#comment-3397 Mark, Is it true that if a minor has alcohol in a safe (lockbox) in the trunk of his vehicle and he does not possess the key, he cannot be charged with MIP? From what I understand a minor cannot be charged with MIP if the alcohol is in a locked trunk of the vehicle and does not possess the key, so I was wondering if this extended to lockboxes. Mark,

Is it true that if a minor has alcohol in a safe (lockbox) in the trunk of his vehicle and he does not possess the key, he cannot be charged with MIP? From what I understand a minor cannot be charged with MIP if the alcohol is in a locked trunk of the vehicle and does not possess the key, so I was wondering if this extended to lockboxes.

]]> By: Anonymous http://bennettandbennett.com/blog/2007/07/texas-possession-law-six-basic-defenses.html/comment-page-1#comment-578 Anonymous Mon, 22 Oct 2007 09:26:00 +0000 http://bennettandbennett.com/blog/?p=199#comment-578 Please help me. Possesion of 1.5 oun of "ICE" , 1 gram of coke. 1 previous 1 st degree felony. on pro till 09. drug task force busted in at a place i was staying the night. i actually live in louisianna but i was in texas during arrest. any hope? Please help me. Possesion of 1.5 oun of “ICE” , 1 gram of coke. 1 previous 1 st degree felony. on pro till 09. drug task force busted in at a place i was staying the night. i actually live in louisianna but i was in texas during arrest. any hope?

]]> By: IWTS http://bennettandbennett.com/blog/2007/07/texas-possession-law-six-basic-defenses.html/comment-page-1#comment-220 IWTS Sat, 14 Jul 2007 01:09:00 +0000 http://bennettandbennett.com/blog/?p=199#comment-220 Mark,<br/><br/>I think it is because no one appeals it.<br/><br/>I got an MIP like that in College Station. It was a keg party and they lined up everyone under 21 and gave them tickets. Mark,

I think it is because no one appeals it.

I got an MIP like that in College Station. It was a keg party and they lined up everyone under 21 and gave them tickets.

]]> By: Mark Bennett http://bennettandbennett.com/blog/2007/07/texas-possession-law-six-basic-defenses.html/comment-page-1#comment-216 Mark Bennett Fri, 13 Jul 2007 19:34:00 +0000 http://bennettandbennett.com/blog/?p=199#comment-216 I'll have to look at the case law (can you shoot it to me?). I may well be wrong in extending my five inferential rebuttal defenses to MIP (and UCW) cases. I probably should have limited it to controlled substance cases.<br/><br/>My gut says that a strict liability possession defense might not pass constitutional muster.<br/><br/>More practically, though, section 6.01 of the Texas Penal Code requires a voluntary act. I don't see how a minor unwittingly possessing alcohol acts voluntarily. I’ll have to look at the case law (can you shoot it to me?). I may well be wrong in extending my five inferential rebuttal defenses to MIP (and UCW) cases. I probably should have limited it to controlled substance cases.

My gut says that a strict liability possession defense might not pass constitutional muster.

More practically, though, section 6.01 of the Texas Penal Code requires a voluntary act. I don’t see how a minor unwittingly possessing alcohol acts voluntarily.

]]> By: Stephen Gustitis http://bennettandbennett.com/blog/2007/07/texas-possession-law-six-basic-defenses.html/comment-page-1#comment-215 Stephen Gustitis Fri, 13 Jul 2007 19:20:00 +0000 http://bennettandbennett.com/blog/?p=199#comment-215 Mark:<br/>What do you think of this post (http://texascriminaldefenselawyer.blogspot.com/2007/05/strict-liability-possession.html)on the possession issue?<br/><br/>Steve Mark:
What do you think of this post (http://texascriminaldefenselawyer.blogspot.com/2007/05/strict-liability-possession.html)on the possession issue?

Steve

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