6 Common Defenses to Beat Drug Possession Charges in Texas
If you’ve been charged with drug possession in Texas, the first thing you should do is contact an experienced defense attorney. After hiring your attorney, you’ll want to explain to them the type of possession charge you’re facing.
Here are 6 common defenses for drug possession in Texas.
The drugs belong to someone elseThis defense has the best chance of working if you’re arrested with someone else or in an area where others have access to the drugs. The best way for this defense to work is if someone else confesses to the drugs being theirs. However, if other people are involved—and if any have records with the police—they could be less inclined to take ownership of the drugs.
The drugs were plantedThis is another possible defense, but it’s harder to prove. Given that law enforcement officers’ testimonies typically carry more weight than any defendant, it can be difficult to prove that drugs were planted in your vehicle, in your home or on your person. Likewise, other law enforcement officers are likely to be reluctant to testify against a fellow officer in your case.
EntrapmentThere is a difference between a legal sting operation and a true case of entrapment. Entrapment occurs when law enforcement or informants trick a suspect into committing a crime when otherwise the subject may not have committed it. The best chance of an entrapment defense is when the state is the provider of the drugs in the case.
Improper procedure(s) for search and seizureIn instances where the police suspect that an individual has drugs on their person or in their vehicle, the officer will request to search the vehicle. You are, however, still protected from improper searches by the Fourth Amendment.
In order to properly conduct the search, the officer must do so in a professional manner. Drugs that are left in plain view will be taken into evidence and you’ll be charged with possession without much recourse. However, if the officer needs to use tools to get inside the car to look for drugs, you have a much better case for improper search and seizure.
Medical marijuana exceptionThis defense is possible if your state legally allows marijuana use.
If you’ve been charged with possession in a state that doesn’t allow it, this defense won’t work as marijuana is still illegal at the federal level. States that allow medical marijuana also typically require recommendations from a doctor.
Some states will also provide assistance for those who have been arrested but can prove their medical necessity.
Missing drugsAnother example of a drug case defense is if the drug evidence goes missing. Why is this a prominent defense example? Evidence is often transferred around before ending up in an evidence locker, which makes it easy to be misplaced.
Drug charges can be serious in Texas. If you’ve been accused of drug possession, contact the criminal defense attorneys near you immediately.