A drug-related conviction can be life-changing, with drug possession charges in Texas carrying severe penalties. Besides monetary fines and imprisonment, you will likely face long-term collateral consequences, including ineligibility for specific professional licenses like medical and attorney licenses. You could also lose your job, child custody, and housing benefits.
With a drug-related conviction likely to alter your life completely, it is critical to seek the help of a skilled and experienced Texas drug crime defense attorney when facing possession charges. An attorney will help protect your freedom, reputation, and aspirations. Despite Texas having some of the harshest drug crime penalties in America, especially for certain drug penalty groups, a drug possession defense attorney can help you overcome a drug possession charge.
Some of the most common defense strategies that expert defense attorneys use to beat drug possession offenses in Texas include:
Unknowing Possession
The law requires the prosecution to prove that the defendant was intentionally or knowingly in possession of the drug to secure a conviction. Unknowing possession means the defendant had an item they were unaware was an illegal drug or contained drugs.
Essentially, you were merely in the presence or custody of an item you were unaware was drugs, and this does not constitute a drug crime. A skilled defense attorney will use the defense strategy to weaken the prosecution’s argument by requiring them to prove that the defendant knew of the presence of the illegal drug or substance.
Unlawful Search and Seizure
The Fourth Amendment protects you against improper search and seizure procedures even where the police suspect drug possession. When drugs are in plain view in your home, car, or even with you, an officer will take the drugs as evidence and charge you with drug possession. However, the search is unlawful if the police officer has to use tools to access your home or car.
Even where they find the drugs, a skilled defense lawyer will help you use the illegal search and seizure as a defense. If the court declares the search as unlawful, it may not enter as evidence any drugs found during the search, and if there is no other evidence against you, it is likely to dismiss the drug possession charges.
Entrapment
While sting operations by undercover law enforcement officers are legal, sometimes the officers may cross the line and trick a suspect into committing a drug crime they would not otherwise commit. For instance, an undercover police officer can provoke or trick you into passing drugs to a third party. In such a case, the officer may be liable for entrapment. Consequently, a skilled defense attorney can use the entrapment defense strategy to expose the officer’s wrongdoings and have the court dismiss the possession charges.
Insufficient or Missing Evidence
As with other criminal offenses, the prosecutor must prove a drug possession offense beyond a reasonable doubt. T his threshold of proof must satisfy several elements, including sufficient evidence to get a conviction. For instance, if the prosecution cannot produce the drug evidence in court either because they have mishandled or misplaced it, they may not have a case against you. Misplaced or improperly handled drug evidence is a popular defense strategy. A skilled criminal defense attorney will challenge the prosecution and get the court to dismiss your possession charges if there is insufficient or no evidence.
Having a Prescription
To attain a drug possession conviction, the prosecution must prove that the defendant was in possession of a controlled drug and does not have a valid prescription for it. A drug possession charge will be easy to fight when you have a recommendation from your doctor or pharmacist. Essentially, you are in legal possession of the drug. The prescription or doctor’s recommendation defense is common in cases of controlled substances that are prescription drugs. A skilled lawyer will help you get the necessary information from your doctor or pharmacists if there is a challenge proving legal possession.
Contact a Plano Drug Possession Defense Attorney
A drug charge in Texas is a serious criminal offense. Accordingly, you should contact a skilled drug possession defense lawyer before admitting guilt or accepting a plea deal in a possession charge. There are several defenses strategy that an expert Texas drug possession defense attorney can use to get the court to reduce or dismiss your charges. If you are facing drug possession charges in Texas, our skilled and experienced Plano drug possession defense attorneys will fight for your legal rights. Contact us today for a consultation and to learn more about our services.