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4 Winning Drug Possession Defenses in Texas

 Posted on December 28, 2021 in Drug Charges

TX defense lawyerHaving a drug crime on your record can leave you under the weight of a heavy stigma. Regardless of the circumstances of your alleged offense, you may struggle with being stereotyped based on a drug conviction for the rest of your life. Drug possession crimes are very serious in Texas, often being charged as a felony even for a first offense. By working with a skilled attorney, you may be able to develop a strong defense and avoid overly harsh penalties. If you have been charged with a drug possession crime, it is important that you take the matter very seriously and contact a lawyer as soon as possible.

What Are Some Defense Strategies to Drug Possession Offenses in Texas?

Being caught with illegal drugs in Texas could lead to serious prison time, even for simple possession in some cases. Developing a strong defense strategy is extremely important to avoid the harsh criminal penalties our state is notorious for. Defense strategies that may succeed in some cases include:

  • Fourth Amendment - The Fourth Amendment protects against unlawful searches and seizures. Drugs are generally found during a search. An attorney can assess the facts of your case to determine whether the search was potentially unlawful. If the search that turned up the narcotics was illegal, the case will likely be dismissed.
  • Improper testing - To prove its case, the state should have the alleged narcotics tested in a lab to verify that they are what the state says they are. Proper procedures must have been followed, including correct handling and chain-of-custody documentation from the moment the drugs are found until they are tested. An error could invalidate the test.
  • Unaware of drugs - Occasionally, people will legitimately be in actual possession of narcotics without having knowledge of their presence. For example, you may have borrowed your friend’s car while yours was in the shop and had no idea that there was a baggie of marijuana in the trunk. Or, your grandma may have dropped a narcotic painkiller on your floor while visiting you. In this type of situation, you had no intent to unlawfully possess a drug and should not be found guilty.
  • Legal possession - People are sometimes lawfully prescribed narcotic substances that would be illegal to possess without a prescription. Confusion can sometimes occur when a patient is carrying their medication without the bottle it came in or other easily produced evidence that they are supposed to have the drug, leading to mistaken arrests. For Compassionate Use Program patients carrying low-THC products, it is possible to get arrested in error.

The defense strategy that may work best for you will depend heavily on all the facts and circumstances of your case. An attorney will need to carefully assess your situation to determine how best to defend you.

Contact a Collin County Drug Possession Attorney

Law Offices of Biederman & Burleson P.L.L.C. represents Texans accused of drug offenses. Our Plano drug possession lawyers are skilled at crafting strong defenses particular to the facts of each case. Call 469-333-3333 for a free consultation.




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