Common Defenses for Drug Possession Charges in Texas

 Posted on March 20, 2024 in Criminal Defense

If you are facing drug possession charges, it is crucial to understand your rights and potential defenses. A Texas lawyer can help you navigate the complex legal system and develop a strong defense strategy tailored to your specific case. It is important to do this strategically so that legal representation is beneficial.

Unlawful Search and Seizure

One of the most effective defenses against drug possession charges is challenging the legality of the search and seizure that led to the discovery of the drugs. Under the Fourth Amendment of the U.S. Constitution and Article I, Section 9 of the Texas Constitution, individuals are protected against unreasonable searches and seizures.

If law enforcement officers violated your constitutional rights by conducting a search without probable cause, a valid warrant, or your consent, your attorney can file a motion to suppress the evidence obtained during the illegal search. If the motion is granted, the drugs cannot be used as evidence against you, potentially leading to a dismissal of the charges.

Lack of Possession or Control

To convict you of drug possession in Texas, the prosecutor must prove beyond a reasonable doubt that you knowingly or intentionally possessed the controlled substance. If the drugs were not found on your person or in your exclusive control, your attorney can argue that you did not have possession of the substance.

For example, if the drugs were found in a shared space, such as a vehicle or apartment, and multiple people had access to the area, it may be difficult for the prosecutor to prove that the drugs belonged to you specifically. Your lawyer can emphasize the lack of direct evidence linking you to the drugs and challenge the prosecution’s case.

Lack of Knowledge

Another defense strategy is to claim that you were not aware of possessing the controlled substance. If you were unaware that the drugs were in your possession or you believed the substance was something else entirely, your attorney can use this as a defense.

For instance, if someone placed the drugs in your bag or vehicle without your knowledge, or if you were given a substance that you believed to be legal, your lawyer can present evidence to support your lack of knowledge and intent to possess the drugs.

Crime Lab Analysis Issues

In drug possession cases, the prosecution must prove that the substance in question is indeed an illegal drug. This is typically done through crime lab analysis. However, there have been instances of crime labs making errors or engaging in misconduct, leading to unreliable results.

Your attorney can challenge the crime lab’s procedures, the qualifications of the technicians, and the accuracy of the tests performed. If there are any discrepancies or issues with the analysis, your lawyer can challenge the admissibility of the drug evidence in court.

Contact a Wilson County, TX Criminal Defense Lawyer

Facing drug possession charges can be a daunting experience, but it is essential to remember that you have rights and potential defenses. By working with a Floresville, TX criminal defense attorney, you can explore the best defense strategies for your unique situation. You can feel reassured that every partner in our firm is either a former criminal prosecutor or judge. Call BRCK Criminal Defense Attorneys at 830-769-1010 for a free consultation.