Drug possession charges are one of the most serious allegations that an individual could face in The State of Texas. The stakes are high and if convicted, the consequences could potentially destroy your future. Fighting drug possession charges may require one or more strategies based on the details in your case.
The prosecution will pursue varying degrees of penalties based on additional circumstances in your case, including the amount, number of, and types of substances found in your possession.
The following information explores the different routes that you may need to utilize to beat drug charges in Texas. You will need to consult with a Dallas drug possession lawyer to determine which of these courses of defense would be the most effective for your case.
Claim a Breach of Rights
The most common cause of drug possession case dismissal is due to a breach of a defendant’s fourth amendment rights. Generally, this applies to cases when drugs are obtained by police by means of an illegal search and seizure. Click here to read more about what constitutes an illegal search and seizure.
Other Serious Misconduct
Drug possession charges could potentially be dropped if a drug crimes lawyer can prove that law enforcement committed another form of misconduct.
Examples of Police Misconduct Include:
- Forced Confessions
Any abuse of power that could increase the chances of a wrongful conviction is grounds for police misconduct. Proof of police misconduct creates doubt and greatly increase the chances the judge and/or jury will deem your charges illegitimate.
Individuals who are facing multiple, subsequent, or charges involving large amounts of an illegal substance may benefit the most from compromising with the prosecution. This may require you to register for drug rehabilitation diversion, or another alternative to avoid jail time.
Comply with an Investigation
The prosecution may also be willing to lessen charges and help you avoid jail time if you are willing to assist in another criminal investigation. This isn’t the ideal choice for many clients but may be necessary to prevent extensive sentencing.
The strategy can even be an effective way to have drug charges dropped if you can provide the police with quality leads, such as names and other information about big distributors.
This claim would require the help of an experienced drug crimes lawyer to be executed successfully. Entrapment is the accusation that you were forced into a crime by another individual that you would not have committed under normal circumstances. This individual may be another person involved in the crime, an undercover informant, or undercover police officer.
Lack of Proof
A good criminal defense lawyer may be able to have your charges dropped based on a lack of evidence in your case. The first evidence that the prosecution would need to pursue a case is proof that the substances seized were without a doubt in your possession.
Oftentimes, the prosecution will attempt to charge an individual for drug possession based on circumstances known as constructive possession.
Constructive Possession Must Meet the Following Criteria:
- Knowledge that the drug existed and of its whereabouts. For example, near/in the defendant’s home or vehicle.
- The defendant must have had access and the ability to excise control over the drugs and/or area the drugs were seized.
Another relevant, but less common situation, occurs when police neglect to test or misplace the substance that was found in your possession. This could result in a situation in which there is lack of evidence because there is no proof the substance seized was in fact an illegal substance.
The most important thing to remember when fighting a drug possession charge is to fight back. Giving up by settling for an offer or other plea deal from the prosecution is the last thing that you should do without the guidance of a Texas drug possession lawyer.
Gallian Defense Firm Fights for Texas
Gallian Defense Firm fights back for clients facing drug possession charges or other drug-related crime in the Dallas, TX area.
Gregg Gallian has years of federal drug charge defense including if you are facing federal drug conspiracy charges. He has the experience and is ready to help you choose the best way to beat these serious allegations. Contact Gallian Defense Firm today for a free consultation.