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Affirmative Links Standard Of Review For Possession Of A Controlled Substance

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.