Drug possession charges are a serious offense that should not be taken lightly, as a conviction can result in significant penalties that can change your life.
Criminal defense lawyers see many possession cases where a person charged is innocent or the crime is much less significant than the charges, in which case establishing a valid defense is essential.
If conviction is to be avoided, it’s critical that you seek the assistance of a defense lawyer experienced in drug possession cases who can try to establish one of a number of defenses.
By examining the procedure used during the arrest, details of the circumstances, available evidence, and other factors, defense attorneys may be able to establish one of a number of defenses.
The first thing that a criminal defense attorney will investigate in establishing a valid defense against drug possession charges is whether the correct procedures were used in stopping you, questioning you, and arresting you.
The police are required to follow specific legal procedures to be certain that every defendant is appropriately charged, treated fairly, and all evidence pertaining to the case is properly obtained and preserved.
Failure to do this could be enough of a defense to nullify the prosecution’s case against you.
It is the responsibility of the state to present enough evidence in a drug possession case that proves you guilty, without a doubt, of possessing an illegal drug.
Instances where your criminal defense attorney can challenge the evidence or lack thereof include:
- Prescription Medication - The drug in possession was actually prescribed by a physician, even if you did not have the actual prescription on you at the time of your arrest.
- Unknowingly or Unintentionally In Possession - You were unknowingly or unintentionally in possession of someone else’s drugs, leaving prosecutors unable to establish a valid intent or connection between you and the drugs.
- Proof of Controlled Substance - Any substance found on you must be analyzed and found to be a controlled substance illegally in your possession.
Breach of Constitutional Rights
In addition to the above two defenses, your criminal defense lawyer will also look for any ways that your constitutional rights were breached during your arrest and while being charged with possession.
The two most commonly breached rights that may be looked at include the failure of police to read you your Miranda Rights and/or an unlawful or unreasonable search and seizure of your person, vehicle, or premises.
The Value of A Skilled Criminal Defense Lawyer
Drug possession charges can drastically affect your life if not met with a strong, valid defense.
Regardless of your circumstances, it’s essential to protect yourself when facing these serious charges by hiring an experienced criminal defense attorney.
With a good defense that ensures protection of your rights and fair consideration, it may be possible to avoid a conviction altogether or receive a lesser charge with a lesser penalty.
Reynaldo Garza, III - Attorney at Law
680 East St. Charles St, Suite 600
Brownsville TX 78520