Drug possession charges are one of the most serious allegations that an individual could face in the State of Texas and an experienced Dallas drug possession attorney will be critical to help defend you. 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 like Gregg Gallian to determine which of these courses of defense would be the most effective for your case.
CLAIM A BREACH OF RIGHTS
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:
- Lying
- Coercion
- 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.
COMPROMISE
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.
ENTRAPMENT
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.
