Drug Charges? A Former Prosecutor Breaks Down Your Legal Defenses!
Types of Drug Charges & Crimes in Texas
A drug crime conviction carries some of the heaviest fines and penalties in Texas. Being charged with a drug dealing crime, like Possession of a Controlled Substance with Intent to Sell or Delivery of a Controlled Substance is a serious matter.
Do I Need a Defense Lawyer for a Drug Crime in Fort Worth?
If you were charged with any of the drug crimes below, we highly recommend that you hire a lawyer.
• Drug Possession
• Drug Trafficking
• Possession with Intent to Distribute
• Drug Manufacturing
Under Texas law, drug crimes are defined as an offense that involves the possession, sale, use, manufacturing or growing of any controlled substance/illegal narcotic. If you have been charged or arrested for conspiring to sell, possess, or manufacture drugs you need an experienced drug crimes lawyer. Some examples of the various types of drug charges in Texas include but are not limited to:
• Possession of Marijuana
• Felony Possession of Marijuana
• Possession of Drug Paraphernalia
• Possession of a Dangerous Drug (methamphetamine, cocaine, heroin and other drugs)
• Possession of a Controlled Substance (prescription drugs and other drugs)
• Felony Possession of a Controlled Substance (methamphetamine, cocaine, heroin, etc.)
• Possession with Intent to Deliver (involves the distribution of drugs)
• Possession with Intent to Sell
• Drug Trafficking
Drug Crimes Laws in the State of Texas
Texas is one of many states known for its zealous enforcement of strict drug laws. .
Drug Manufacturing Charges in Texas
Drug Manufacturing crimes include everything from marijuana cultivation to methamphetamine labs and other means by which to manufacture or produce illegal drugs. Growing marijuana, compounding drugs, or making any combination of drugs illegally to sell or distribute are all considered manufacturing drugs under Texas law.
Drug Manufacturing. Drug Manufacturing is a serious felony crime that, depending upon the charge and the circumstances of your case, carries with it the prospect of 6 months in a state jail facility to 99 years in prison and thousands of dollars in fines. If you have been charged with this type of offense, you need an aggressive and experienced drug charges defense lawyer who will fight for you.
Strategies to Battle Texas Drug Possession Charges
If you are facing drug possession charges in Texas, you need the help of an experienced criminal defense attorney to fight your charges.
Texas Drug Possession Defenses
Depending on your circumstances, you may be able to use one or more of the following common defenses to reduce your chances of conviction for drug possession in Texas.
Lack of probable cause or search warrant
Lack of probable cause or illegal search is one of the most common defenses for drug crime charges. In fact, even if you are not currently facing a drug charge, we advise familiarizing yourself with these laws, as knowing your rights can sometimes help you avoid an arrest altogether.
In order to conduct a search of your person or vehicle, police must have a warrant or probable cause to do so. For example, if you are pulled over in a routine traffic stop, the police cannot search your car unless you appear to be intoxicated, or there is another reason to conduct a search, for example the smell of marijuana smoke. If you are on foot, evidence of criminal activity must be apparent for police to conduct a search of your person.
Unwitting Possession
If you didn’t know that the drugs were in your possession, you may be able to use this defense. For example, if you borrowed someone else’s coat, bag, or vehicle and the police found the drugs in those items, you may be able to use this defense if you can prove that you didn’t know the drugs were present.
Possession or ownership of substances
In some cases, your attorney may be able to establish reasonable doubt that you were in intentional possession of the substances you were allegedly intending to distribute. The prosecution must prove that you had control and intent over where the drug was placed.
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0:00 Drug Charges? A Former Prosecutor Breaks Down Your Legal Defenses!
01:19 Remember: the type and amount of possessed drug will effect your penalty!
02:45 How are the drugs and their correspondent range of penalties classified?
05:10 What are the drug manufacturing charges?
06:35 Remember: drug manufacturing is a felony charge!
06:45 What are some of the common defences regarding drug charges?
08:35 Your criminal defence attorney would need to tear apart the "Search Warrant Affidavit!"
11:44 What are the 2 components of a good entrapment defence?