What Are Possible Defenses If I Have Been Charged With A Drug Crime In The State Of Texas?
If you have been arrested or charged with any drug crime in Texas, it is advisable to hire an expert Drug Offense Lawyer. If you are near Dallas, Texas, the Traylor Law Firm has the knowledge and experience with drug crimes that you need. Whether you are facing a misdemeanor or felony charge will depend on the type and quantity of the drug and whether you have been convicted before. Both misdemeanors and felonies could lead to a jail or prison sentence and expensive fines.
Which defense strategy is right for your case depends on the specifics of it. Your Drug Possession Defense Attorney will look at the type of drug and the penalty group, the amount of the drug in question, and the crime you have been charged with. The following defenses are commonly used in Drug Possession Law cases.
- Fourth Amendment Violation. The Fourth Amendment of the US Constitution protects you from unlawful searches and seizures. Law enforcement must have reasonable suspicion to stop you and probably cause to search you.
- The drugs were not yours or you were unaware that they were in your possession. If you are driving someone else’s vehicle or staying in another person’s residence and drugs are found, you would need to prove that the drugs did not belong to you and that you did not know they were on the property.
- You have/had a valid prescription for the drugs or you lawfully possessed the drugs. Several prescription drugs are unlawful to possess unless you have a valid prescription for them from a medical doctor. If you are found to be in possession of one or more of those drugs, you will need to prove that you did indeed have a valid prescription for them at the time.
- The alleged drug is not a controlled substance. If you are charged with possession of a drug, the prosecution will need to prove that what was confiscated from you was indeed an unlawful substance. They might not have sufficient evidence, if something tampered with the drug or it was misplaced/lost. You might also be able to prove that the substance was actually something else that looked similar to the drug.
- Entrapment. This is a very common defense for drug possession offenses. You would need to show that law enforcement or another government agency member convinced you to buy the drugs.
A good Drugs Possession Attorney will be able to look at the facts of your specific case, have a discussion with you, and assess which drug possession charge defense strategy will be the best one for you.
If you have found yourself involved in any drug crimes in the state of Texas, it is time to consult with an experienced Drug Crimes Lawyer from Traylor Law Firm. If you live in or near Dallas, TX, call (214)382-0900 for a free consultation.