Defending Against Drug Charges in Texas

Texas and the United States government have enacted strict drug laws.

For example, possession of a small amount of cocaine intended for personal use is a felony.  A courier in a drug transaction, despite his minor role, may face a ten year minimum sentence in prison.

If you are charged with possession of a controlled substance or another drug crime in Houston, you must find the best drug possession defense lawyer possible.

If you need representation for a drug charge, please contact Me at (713) 487-7575. Or read more below.

Unreasonable Search & Seizures

Every drug defense must start with a Fourth Amendment evaluation. The Fourth Amendment to the United States Constitution protects us from unreasonable searches and seizures.

This means that a police officer must have a constitutionally valid reason to stop, detain and/or search you.  If the police officer makes an illegal stop or search of you, any evidence he seizes can possibly be excluded from your prosecution. If the evidence cannot be used against you, then your case may be dismissed.

For example, an officer cannot just detain you and search you.  An officer cannot just pull your car over and conduct a search of your vehicle without a permissible reason.  These issues often arise in drug cases and provide a defense to your charge.

As part of my defense of drug charges, I always consider:

  • How the officer came into contact with you
  • How long the officer detained you
  • What legal reason the officer had to search you, your car, or your home
  • The search warrant if any
  • If it was a search incident to arrest, if the arrest was valid

Every drug charge defense should start with an analysis of the search and seizure issues.

Drug Crimes Defense – Links to the Drugs

To convict someone of drug possession, the state must link the defendant to the contraband; the state must produce some evidence showing that the accused knew of and exercised control over the drugs.

For example, it is not enough for the state to show that the accused was in a location where drugs were found.  Or there may be an issue if drugs are found in a home or car which other people have access to.

Drug Crimes Defense – Quantity

Sometimes the amount of drugs found is so little that a case can be dismissed. For example, in a marijuana case, there must be a “usable quantity.”

In a cocaine case, if the amount cannot be seen or measured, it may not be enough to sustain a conviction.

Alternative Treatment for Drug Charges

In a personal use case, it is often helpful if the accused seeks treatment. By enrolling in an outpatient program, attending Narcotics Anonymous meetings, meeting with an addiction therapist, there is a chance that a punishment may be mitigated. Providing clean drug tests to the prosecutor can show signs of progress and a serious attitude to beating an addiction.

This course of action often helps people with addictions who are new to the criminal justice system. It may result in a mitigation of punishment.  For example, a felony could be reduced to a misdemeanor.

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