Yesterday, we addressed the issue of the affirmative links and the court
of appeal's use of them when reviewing a conviction. As we noted,
the State must prove possession by the actual care, custody, and control
over the drugs that they are charged with possessing. Generally, if the
State only proves that the defendant was present in "the vicinity"
of illegal drugs is not enough to establish possession.
Thus, the State has the duty to prove more than just where the defendant
was located in relation to the drugs. The prosecution must prove more
than a close proximity--there must be some form of link. Courts of appeals
will use the affirmative links test to determine whether the evidence
was sufficient to establish the defendant's possesion of the drugs.
A defendant cannot simply count the number of links that are present and
compare those to the number of links that are not present to establish
their innocence. Rather, it is incumbent on the defendant (if there has
been a conviction) to show that the logical connection between the affirmative
links standard is not sufficient to uphold the conviction.
If you have been charged with
possession of cocaine,
possesion of heroin,
possession of marijuana,
contact a Plano drug crimes attorney.