Drug Possession Criminal Defense

Legal counsel from experienced Denton TX attorneys

Texas and the United States government have very strict drug laws, with harsh punishments for violation.

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

Unreasonable Search & Seizures

Every drug defense must start with a Fourth Amendment evaluation, wherein it is determined if the searches and seizure was unreasonable.

This means that a police officer must have a constitutionally valid reason to stop, detain and/or search you.  If the officer makes an illegal stop or search of you, any evidence or contraband 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 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 for your case.

When developing a defense strategy, the criminal defense attorney will 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, and/or your property
  • The search warrant (if any)
  • If the arrest was valid

To discuss the details of your drug charge case, please contact our criminal defense attorneys in Denton, TX, for a free consultation.

Drug Crimes Defense – Links to the Drugs

To convict someone of drug possession, the state must link the defendant to the substances, and the state must produce 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.

A drug possession charge could be an addition to another charge, and is frequently paired with:

  • Disorderly Conduct
  • Aggravated Assault
  • Manslaughter
  • Probation Violations
  • Evading/Resisting Arrest

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, in that event, the charges may be dropped.

Depending on the quantity, a charge may be proposed for drug possession with intent to sell or manufacture.

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, or meeting with an addiction therapist, there is a chance that a punishment may be negotiated or lessened. Providing clean drug tests to the prosecutor can show signs of progress and a serious attitude to overcoming an addiction.

This course of action often helps the accused, if they are new to the criminal justice system.  For example, what would normally be a felony could be reduced to a misdemeanor for a first time offender or someone who has an addiction.

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