Who said possession is nine tenths of the law

However mere possession alone does not grant the possessor rights in the property superior to those of the actual owner. In re Garza, S. One in possession of chattel has a greater right to it than one who lacks both possession and title. Yet, one who has title maintains a greater right over the chattel than 1 one who simply has possession and 2 one who has neither possession nor claim of ownership.

Indeed, it can be said that the title owner has the greatest rights to the property. Many features of this site require JavaScript. Learn how to enable javascript. Unable to resolve their dispute, they brought the matter before a local justice of the peace, Preacher Anderson Hatfield.

Devastating wildfires breaking Book Club Discussion. A deliciously strange and daringly original novel from Pulitzer Prize finalist Margaret Verble. About Discuss. Reader Reviews. Who Said I like a thin book because it will steady a table Making possession a crime gave law enforcement and prosecutors considerable freedom to enforce arrests and convictions without proving the use or sale of the objects or items prohibited.

Joint possession occurs when two or more people share control of an illegal object or items. For example, if two people live together and drugs are found inside their home, both parties can be held responsible. Possession and intent are common focal points in drug-related charges. For example, the possession of a controlled substance with the intent to sell or distribute those drugs is a major offense, particularly if those drugs are sold or distributed to minors.

In criminal cases, possession charges may also involve conscious possession. Conscious possession requires that the individual is aware the items are illegal and they are possessed by the individual aware of them. For example, a defendant found in possession of an illegal drug may avoid conviction if the defense can prove the defendant believed the drug was legal at the time. Working with an experienced criminal defense lawyer is the first step toward understanding and defending a particular possession charge.

Like all criminal cases, your defense attorney will build a strategy based on the specific facts of your case. At Wolf Law, we can help you understand your options, navigate the legal process, and protect your rights.