Attacking Drug Possession Cases

Attacking Drug Possession Cases

Have you been accused of drug possession or drug delivery? You are not alone. There are over 100,000 drug arrests every year in Texas, with many arrests occurring in Houston.

The penalties for drug possession or drug delivery can range from minor to severe. Cases may be filed in state or federal court. But regardless of the type of case, size of case or where it is filed, there are several legal principles that your criminal defense attorney can use to successfully defend your case in court.

Criminal defense lawyers know that drug arrests usually happen as a result of a police “search” and can occur just about anywhere. The most common places are vehicles, residences or vehicles.

One key to successfully defending a drug possession or drug delivery case is to challenge the “Legality of the Search.” A police search is considered illegal when it violates a person’s state or federal constitutional right against “unlawful search and seizure.” Lawyers experienced with drug charges know that among other things, search and seizure law focuses on whether the police had a valid search warrant, whether the police had a lawful right to stop and detain a person, and whether the police had a right to search a person, his vehicle, his residence or his place of business.

If your criminal defense lawyer can prove in court that the police violated your constitutional rights, it might lead to a dismissal of the charges against you. Search and seizure law is complex and is constantly evolving. Your criminal defense lawyer should be familiar with the latest developments in Texas and federal law.

Another key to defending a drug possession or delivery case is to challenge the “affirmative link” between you and the illegal drug. An affirmative link is the relationship between an object and the person accused of possessing it.

In many instances, the illegal drug – whether marijuana, cocaine or some other substance – is not actually found on a person, but possibly nearby or in an area that others have access to. If a prosecutor cannot prove an affirmative link, or if the defense attorney can effectively challenge the link in court, it could lead to a dismissal of the charges or a trial verdict of “not guilty.”

A good criminal defense attorney should be able to spot the legal issues and the factual issues in your drug possession or delivery case.  As always, that’s the attorney’s job, not yours.