5 Ways to Defend a Drug Possession Case in Atascosa County

 Posted on March 11, 2022 in Criminal Defense

A conviction for drug possession carries some very negative stereotypes. Even if it is not true, you could be labeled an addict or habitual user. You could have trouble finding rental housing because landlords are reluctant to rent to people they suspect may use or keep drugs in the property. Even if you are only charged with a misdemeanor, a drug conviction could have a serious impact on your life. Fortunately, there are a number of strategies an attorney may be able to use to help you avoid a conviction. If you are facing drug possession charges, it is important to speak to a qualified attorney right away.

What Are Some Defenses Used in Drug Possession Cases?

Just because there were illegal drugs in your vicinity does not necessarily mean that a possession conviction is a sure thing. Some defense strategies your lawyer may use include:

• Illegal search - The Fourth Amendment to the U.S. Constitution bans unlawful searches. Any evidence found during an unlawful search cannot be used against you in court. Your lawyer will evaluate the circumstances under which you were found with drugs in your possession to determine whether the police had a legal right to search you.
• Legal possession - It is legal to possess your own prescription drugs. People with prescriptions for a narcotic are sometimes arrested in error, particularly when they are carrying pills that are not in the original prescription bottle with their name on it. Compassionate Use Program patients have also been mistakenly arrested for lawfully carrying low-THC products.
• Lack of knowledge - While the “these are not my pants” defense rarely succeeds, there are plenty of situations in which a person may legitimately not know that there is an illegal substance in their vicinity. This is common in vehicles. If your grandma left her prescription painkillers in your backseat by accident, you might not notice until the police find them. If you are driving a borrowed vehicle, you probably did not search it thoroughly first.
• Improper testing - DUI cases are often dismissed because the police failed to follow proper testing procedures. Drug cases can be dismissed for the same reason. The state must conduct laboratory testing on the alleged drugs to prove that they are actually illegal substances. In one famous case, a man was arrested for possessing “methamphetamine” that turned out to be residue from a glazed donut.
• Diversion - In some cases, your best option may be to enter a diversion program. In this type of program, you may be required to complete rehabilitation and probation, but the case can ultimately be dismissed.

Call an Atascosa County Drug Possession Defense Lawyer

BRCK Criminal Defense Attorneys can defend you if you have been charged with drug possession. Our Jourdanton drug possession defense attorneys are skilled at building strong defenses in drug cases. Call 830-769-1010 for a free consultation.

Source:

https://www.dps.texas.gov/section/crime-laboratory