How Can I Defend Against Drug Possession Charges?

Whether you have been arrested for drug possession or you have already been charged with a possession offense, it is critical to get help from a Temple drug possession defense lawyer immediately. Even if the charges you are facing are misdemeanor charges, you should know that a conviction can still have serious consequences, including the possibility of jail time. In addition, being accused of possessing even a small amount of a controlled substance can result in more serious charges if you have a previous conviction. In short, you need to get started on your defense as quickly as possible in order to avoid a conviction for possession. How can you defend against drug possession charges? The answer to that question will depend on the facts of your case, including the details of your arrest and the specific charges you are facing. Generally speaking, however, the following are potential defenses for drug possession charges in Texas.

Constitutional Violation 

In many drug possession cases, the person who has been arrested or who is facing charges has been unlawfully searched. Under the Fourth Amendment of the U.S. Constitution, people have protections against unreasonable searches — including searches of their person as well as their property. The Fourth Amendment describes 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 can your Fourth Amendment rights be violated? In order to lawfully conduct a search, police must have “reasonable suspicion” to stop you in the first place, and “probable cause” or a warrant to do the search. If there is no reasonable suspicion or probable cause, the search may have been unlawful and anything obtained from it cannot be used against you.

No Knowing Possession of Drugs 

In some cases, a person might not even realize that there were unlawful drugs in the vehicle they were driving or in their home because another person put them there. You might be able to avoid a conviction for drug possession if you can show that you had no knowledge the drugs were in the vehicle you were driving, for example, or in your home. In other words, the drugs were not yours, and you had no knowledge of them.

You Have a Valid Prescription for the Drugs 

It is unlawful to possess certain controlled substances without a prescription, but it may be lawful to possess those drugs if you do have a valid prescription. In some drug possession cases, you may be able to show that you have a valid prescription for the controlled substance and that you were permitted to possess it. This includes a valid prescription for medical marijuana through the Texas compassionate use program (CUP).

Contact a Temple Drug Defense Lawyer 

If you are facing charges for drug possession, it is essential to get in touch with one of the experienced Temple drug defense attorneys at The Law Office of Katie L. Gomez, PLLC for assistance with your defense.

Sources:

statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm

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

texas.gov/health-services/texas-medical-marijuana/