When charged with a drug-related crime in Texas, a criminal defendant faces a life-altering experience. Texas has strict drug laws, which have harsh penalties. Therefore, contacting a skilled criminal defense attorney with experience working on drug cases in Texas is essential. Understanding the legal strategies that will make a strong defense is crucial. Effective legal counsel can make all the difference in whether a drug charge is dropped.
Understanding Drug Laws in Texas
The Texas Controlled Substances Act classifies controlled substances based on their potential for abuse and medical value. The severity of the drug charges depends on the type and quantity of the drug, the defendant’s prior criminal history, and whether the defendant was close to a sensitive location.
Drug charges can range from misdemeanors to serious felonies, with potential consequences including hefty fines, lengthy prison sentences, and a criminal record that may impact your future opportunities. Beating these charges often requires a comprehensive legal strategy tailored to the unique circumstances of your case.
Common Defenses Against Drug Charges
A skilled defense attorney understands that the defenses used to fight your charges heavily depend on the facts of the specific case. Attorneys have many potential options to help get a drug charge dropped against their clients.
- Illegal Search and Seizure – The Fourth Amendment protects people from unreasonable searches and seizures. Evidence obtained without a valid warrant or probable cause may be deemed inadmissible in court.
- Lack of Possession – Attorneys can raise reasonable doubt by showing that others had access to the location where the drugs were discovered. Prosecutors must show that the defendant had control over the drugs if they were found in a shared space.
- Chain of Custody Errors—Once the police have it, the evidence must be handled consistently. An attorney could challenge the reliability of the evidence if they can show that there was an issue with it once it was turned over to the police.
Other potential defenses are also available. Skilled attorneys may argue that clients were charged with insufficient evidence. In some rare circumstances, they may also argue that the drugs are a medical necessity.
You can take some steps if you’ve been charged with a drug offense in Texas. These steps are essential for protecting your rights and allowing your attorney to build a strong defense.
- Remain Silent
- Contact a Lawyer
- Preserve Evidence
- Follow Legal Guidance
The Role of a Skilled Criminal Defense Attorney
Defeating drug charges often requires a skilled criminal defense attorney to advocate for you. A qualified lawyer will investigate your case, challenge the evidence against you, and identify weaknesses in the prosecution’s argument. Attorneys have many skills that will make your defense stronger. Those skills include:
- Evaluating the Evidence
- Negotiating with Prosecutors
- Building a Strong Defense
- Presenting Arguments in Court
Beating drug charges in Texas is difficult, but it’s possible with the right defense strategy and legal representation. Attorneys can challenge the legality of the evidence, negotiate with prosecutors, and build strong legal arguments. Each drug charge is unique, but The Law Office of Kerrisa Chelkowski understands the complexities of Texas law and can help guide you through the complex legal process. Please contact our law office so we can assist you and protect your rights.