An arrest is not a conviction, and there is still hope to secure your rights and freedom.
Having any kind of drug conviction on your criminal record can have severe consequences, regardless of the type of drug involved. However, if you are arrested or charged with a drug crime, the best and most important thing you can do is contact an experienced drug crime lawyer as soon as possible for help.
How to beat a possession charge in Texas?
Regardless of what type of drug charge or charges you are facing, the first step in beating a charge is to be as honest as possible with an experienced drug crime lawyer as soon as possible. The more your lawyer knows the earlier on, the better job they can do for you in obtaining records from the government, assessing your situation and negotiating with the prosecutor.
An experienced drug crime attorney can beat a possession charge in Texas by successfully arguing that one of the available defenses applies to your case. These defenses include but are not limited to:
- Lack of knowledge
- Mistook the drugs for something else
- You have a legal prescription for the medication
- You were under duress, forced, or coerced
- There was an illegal search and/or seizure
- The authorities did not have a warrant
- The drugs were not yours and belonged to someone else
- The substance at issue is not a controlled substance
First Time Drug Possession Charges in Texas
First-time offenses involving drug possession may or may not involve a more lenient sentence. The court will look at your previous criminal record and look to see if the offense was committed in a designated drug-free zone such as within 1,000 feet of a daycare, playground, or school. One important potential resolution your criminal defense attorney should consider is what is called pretrial intervention or pretrial diversion. This is a type of deferred adjudication wherein an offender can complete certain programs and requirements to have their case dismissed.
Felony Drug Possession in Texas
Possession of drugs can be a misdemeanor or a felony. It depends on the volume of the drug you possess and what classification of drug it is. All seven classifications of drugs in Texas can rise to the level of being a felony if you possess enough of them. For example, if you are caught with four ounces to less than five pounds of marijuana, you are charged with a state jail felony. Upward in volume from there reaches a 1st-degree felony for possessing more than 2,000 pounds of pot.
How to beat Drug Trafficking Charges
Your drug crimes lawyer can get a drug trafficking charge dismissed by proving the charges never really applied to you in the first place because the drugs were not yours or that a lab made an error and the substance isn’t an illegal drug. After that, you should attempt to prove you did not intend to distribute the drugs in your possession. Your lawyer can also allege the evidence in your case was obtained illegally through an illegal search or that the police planted the drugs on you. You can also get a drug trafficking charge dismissed if you were not read your Miranda Rights when you were arrested.
Contact a Drug Crime Attorney at J.D. Silva & Associates
If you or someone you know has been arrested and of a drug crime, drug crimes defense attorneys right J.D. Silva & Associates today. Our criminal defense attorneys routinely handle these matters as part of our everyday practice and we are ready to put our experience and skill to work for you.