Drug possession charges in Texas can come with heavy fines, probation, and even incarceration. But people facing these charges have legal rights and options for building a good defense. Some defenses seek to challenge the stated facts, testimony, or evidence related to the case. Others challenge the laws themselves. Some will even target procedural errors. If you understand these strategies, you’ll be better able to navigate the legal process and achieve a more favorable outcome.
Here are some common criminal defense strategies for drug possession charges in Texas.
#1: Fourth Amendment Violation
One effective defense strategy for drug possession in Texas is to question the legality of the search and seizure that led to the police discovering the drugs. The Fourth Amendment of the United States Constitution protects people from unreasonable searches and seizures by law enforcement. If the police performed an illegal search or seizure, any evidence that was gathered may be considered inadmissible in court.
#2: Chain of Custody
The term “chain of custody” refers to the documentation and procedures that were used to track the handling of evidence from when it was collected to the time it was presented in court. Any gaps or inconsistencies in these procedures can cast doubt on the reliability of that evidence, which can weaken the prosecution’s case. A good criminal defense attorney can scrutinize the handling of the drugs by police officers, forensic analysts, and other parties that were involved so he or she can identify problems that could be used to your advantage.
#3: Lack of Knowledge or Control
Prosecutors must prove that you “knowingly and intentionally” had possession of the substance in question. So if you have been accused of drug possession in Texas, you can challenge the prosecution’s evidence by raising doubt about whether you had knowledge and control about the drugs in your possession. A defense attorney can argue that you weren’t aware that the drugs were present, didn’t have control over them, or had a legitimate reason for possessing them (such as a valid prescription). By casting doubt about the prosecution’s ability to prove its case, you can strengthen your defense against drug possession charges in Texas.
#4: Entrapment
Police officers are free to set up their own sting operations, but entrapment occurs when they and their informants induce a suspect to commit a crime that he or she wouldn’t have done otherwise. If an undercover cop scores or sells drugs from a suspect, that action would not be considered entrapment. But if the authorities decide to threaten or harass someone into committing a drug crime, that person can use entrapment as a possible defense. It’s a complicated situation that a criminal defense lawyer will be able to navigate.
#5: Not Enough Evidence
The prosecution must prove its case “beyond a reasonable doubt” by presenting enough evidence. Otherwise, it doesn’t have a case. To be guilty of an alleged offense, certain elements must be satisfied before the jury can find you guilty. The same is true for a drug possession charge.
#6: Prescription Drug Defense
If your charges involved prescription drugs, you might be able to use this as a defense. But having a prescription for the drug doesn’t give you immunity from criminal charges. There is a specific set of circumstances where you can still be charged (such as having a quantity that exceeds the prescribed amount or using it in a way that isn’t consistent with the prescription).
The actions that surround your possession of prescription drugs will become a focal point during the legal process. The prosecution, judge, and jury will look at different factors related to the case so it can determine the validity of your argument. The prosecutor will also look at the evidence that was gathered during the investigation and determine if your possession of the drugs aligns with what’s listed in the prescription.
#7: The Drugs Belong to Someone Else
You can claim that the drugs belonged to someone else. You might be at a home with other people when the officers found them. Unless they forward and admit that the drugs belonged to them, you could be charged with possession. If the police have a warrant for your arrest and the other person has a history of being in trouble with the law, he or she isn’t likely to admit to being in possession of the drugs (which can lead to you getting charged even though they aren’t yours).
If you’re facing drug possession charges and are looking for a criminal defense attorney in Corpus Christi to help you with your case, be sure to reach out to Gale Law Group.