Being charged with a drug crime is stressful, but there are legal strategies that can help.
Whether you have been charged with simple possession of marijuana or a much more serious crime under state and federal Controlled Substances Acts, it is very stressful. Fortunately, just as with other offenses, there are legal strategies that can help you get your charges reduced to a lesser crime or dismissed entirely. Below are some of the most common defenses used in these cases.
Unlawful Search and Seizure
One of the most common and most powerful defenses against drug offense charges is challenging any search or seizure that was conducted. The Fourth Amendment provides significant protection against unlawful search and seizure. Officers are required to have probable cause and, in many cases, a warrant before searching an individual or their belongings or seizing their property. Never provide consent to a search. Even if officers continue to search your property, it can make it easier to challenge the search in the future.
Lack of Possession
A defense attorney may argue that you were not in actual possession of an illegal substance. For example, if you were visiting a friend’s home and were not aware there was an illegal substance on the premises, you cannot be charged with possession of an illegal substance. The prosecution has the burden of proof to show that you had knowledge of and control over the substance in order to secure a conviction.
Lack of Intent
In order to be convicted of certain drug crimes, the prosecution must show that you had the intent to commit a crime. For example, if you were found with drugs in your vehicle, the prosecution must show that you knew the drugs were in the vehicle and you had the intent to sell or transport them. If the prosecution cannot prove intent, your drug charges may be reduced or dismissed.
Questioning the Integrity of the Evidence
There is a specific chain of custody that must be followed when handling and storing evidence, particularly in drug offense cases. From the time the drugs are seized until they are tested and submitted as evidence to the court, the evidence must be properly handled, documented, and stored. If the prosecution cannot prove that the drugs in court are the same ones found at the alleged crime scene, it can serve as a very strong defense and help get your charges reduced or dismissed.
Entrapment
Entrapment is another common defense used in cases involving drug charges, but it is one that is largely misunderstood. A police officer performing their job duties while undercover is not enough to satisfy the defense of entrapment. Instead, the police officer must have enticed you into committing a crime you had no intention of committing.
Our Criminal Defense Attorneys in Travis County Can Help with Your Charges
Facing drug charges is very serious, but the situation is not hopeless. At Granger and Mueller, PC, our Travis County criminal defense attorneys are committed to providing the best legal counsel and building the strongest defense that will help get your charges reduced or dismissed. Call us today at (512) 474-9999 or contact us online to schedule an appointment with one of our attorneys and to learn more about how we can help.