Common Defenses To Drug Possession Charges

Anyone who is facing drug possession charges in Texas should begin working with a Texas drug crimes defense attorney as soon as possible to begin working on a strong defense strategy. While the specific offense and potential penalties you face under Texas law or federal law will depend upon the type of controlled substance at issue and the amount, many drug offense convictions do result in a jail or prison sentence. It is critical to do everything you can to avoid a conviction. The best defense strategies will be tailored to the particular facts of a person’s case and the circumstances surrounding the arrest. To be clear, there is no single defense strategy that will work for every case. Yet there are a number of common defense strategies in drug possession cases that may be applicable to you. 

The following are commonly used defenses when a person is facing drug possession charges under Texas state or federal law.

Fourth Amendment Violation and Unlawful Search and Seizure

The Fourth Amendment of the U.S. Constitution provides specific protections to individuals against unlawful searches, including searches of the person and searches of property, such as a vehicle or a car. The Fourth Amendment reads: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

How does this language apply to drug possession charges? Under the Fourth Amendment, police must have reasonable suspicion to make a stop, and they must have probable cause for a search. If you were stopped without reasonable suspicion or searched when there was no probable cause, your Fourth Amendment rights may have been violated, and any drugs found may be inadmissible. Accordingly, the prosecution may drop the charges against you.

Drugs Are Not Yours

Sometimes drugs are found in a vehicle or home, yet the person charged with a drug possession offense did not know about the drugs or that they were present. For example, if you let a friend stay at your home and that friend left a controlled substance in the bathroom cabinet, you may not have known about the drugs and they may not be yours. Or, for example, you may have borrowed a friend’s car to run an errand, and you may have been stopped for a traffic violation that led to a search of the vehicle. If drugs were found in the vehicle and they were not yours, you may be able to build a defense to the charges if you can prove that the drugs did not belong to you.

Planted Drugs and Police Misconduct

In some cases, you may be able to prove that the police planted the drugs that led to your arrest. If you can work with your defense attorney to prove that the drugs were planted by a law enforcement official, you may be able to have the charges dropped.

Contact a Temple Drug Crimes Defense Lawyer Today

If you are facing charges for drug possession, a Temple drug defense attorney can assist you with your defense. Contact The Law Office of Katie L. Gomez, PLLC for more information about how we can help you.

Resource:

casetext.com/statute/texas-codes/health-and-safety-code/title-6-food-drugs-alcohol-and-hazardous-substances/subtitle-c-substance-abuse-regulation-and-crimes/chapter-481-texas-controlled-substances-act/subchapter-d-offenses-and-penalties/section-481115-offense-possession-of-substance-in-penalty-group-1-or-1-b#:~:text=Download-,Section%20481.115%20%2D%20Offense%3A%20Possession%20Of%20Substance%20In%20Penalty%20Group%201,directly%20from%20or%20under%20a