6 Common Defenses for Drug Possession Charges

Have you been charged with drug possession? If so, you may not know where to turn. Drug-related criminal charges in Texas can be very serious. You could even face felony charges depending on the circumstances of the situation. You need an experienced Texas criminal defense attorney on your side who will fight for your rights.

What Defense Tactics Can a Lawyer Use on Your Behalf?

If you’re facing criminal drug charges you may be scared and the situation could seem hopeless. But a lawyer can help defend you using a variety of different tactics. Here are some of the ways your lawyer may be able to plead your case.

1. The 4th Amendment

Unlawful Search and Seizure. The 4th amendment to the constitution states the law enforcement cannot illegally search your property, including your home and your vehicle. For example, if drugs are found in plain sight in your car or apartment, law enforcement can seize them as evidence. But they cannot break into the trunk of your car to find drugs. If the 4th amendment is violated, your case may be dropped.

2. Entrapment

Another of your amendment rights is the 14th amendment, under which the due process clause is included, prohibits entrapment. Entrapment refers to law enforcement planting drugs or providing the drugs in question in order to wrongfully incriminate the defendant. If the validity of such a claim is questioned, the officer’s complaint file can be submitted into evidence.

3. Deny Possession

Your lawyer can claim that the drugs did not belong to you or that you didn’t know they were in your apartment or vehicle. The drugs could have belonged to another passenger in your car or a guest in your home.

4. Chemical Analysis

The drugs in question must be tested to ensure they are in fact the illegal substance that the criminal charges claim. Sometimes a substance may look like a certain drug, but it may not actually be anything illegal. If there is no crime lab report identifying the drug, there may be no case.

5. Drug Evidence Goes Missing

Sometimes the drug evidence that is seized during the arrest will be lost before the trial. These items often exchange hands a few times before they are officially submitted to a drug locker for safekeeping until the evidence is required.

6. Medical Marijuana

In marijuana charges, there is sometimes a medical need that can be used as a defense. If your lawyer can prove that you have a doctor’s prescription for medicinal marijuana, you may have a reasonable defense.

None of these defenses are guaranteed to get your case dismissed or even to lead to a not guilty verdict if your case goes to court. But these are just some of the possible defenses your lawyer may attempt to use on your behalf. The bottom line is that you have a better chance of a favorable outcome if you hire your own lawyer, rather than accepting a court-appointed public defender.

Have You Been Arrested For Drug Possession? Call Non Stop Justice

Drug possession charges can be serious and result in severe consequences. A drug charge of any kind on your record can affect your life in many ways from stunting your career to preventing you from being able to rent a home or apartment. Non Stop Justice, the Law Firm of Andrea M. Kolski, will work hard to defend your rights both in and out of the courtroom. We understand that your future is at stake and you need the best possible defense.

Call (832) 381-3430 to speak to an attorney today or contact us and we will be in touch as soon as possible. Andrea Kolski handles every case personally, which means you get the benefit of first-hand expertise.