A district attorney can prosecute anyone in possession of any controlled substance in Houston, Texas. It’s not only the illegal possession you can be charged with, but also for distribution and production. In 2014, there were a total of 139,471 drug abuse violations in Houston and the rest of the state. Here are some common defenses against drug possession charges in Houston.
But the good part is you can defend your case against the drug possession charges. For this, you need to hire a Houston drug crime lawyer to represent you in court. This article explores the common defenses you can use against the drug charges.
Type of Drug Charges in Houston
The defenses you make against the Drug Possession Charges will depend on what type of charges are raised against you. The charges depend on the type and amount of controlled substance, evidence present against you, and the prosecutor. You’ll then be charged with any of the three:
- Possession of drugs
- Delivery of drugs
- Manufacturing of drugs
The charges will primarily depend on the type and amount recovered from you. The amount is determined as per the Texas Health and Safety Code (481.112).
But you can fight the charges made against you and defend your case. Some of the common defenses are discussed in the subsequent sections.
Challenging the Lab Findings
The forensic lab reports play a huge role in determining the type of charges made against you. Both the prosecutor and the court will refer to the lab findings throughout the process.
But in many cases, the prosecutor often overstresses the amount. Thus, it leads to wrongful prosecution. Most drug crime lawyers appeal to a higher court to reevaluate the lab reports.
If the drug amount is in few grams, then there should be no charges in the first place other than fines and court costs. After paying these, the charges should be dropped.
Arresting Officer Was Searching Inappropriately
You can challenge the drug charges based on merit. The arresting officer should have a proper reason to search your belongings or property. If you were driving, the officers should have a proper reason to stop you mid-way. Even if the stop is legal, the subsequent search should follow a proper protocol.
If the officer had not followed the protocols, then you can challenge how the evidence was collected.
The Drugs Found in Your Possession Belonged to Someone Else
There are cases when a person is a victim of a larger drug racket and is used as a scapegoat. So you can demonstrate to the court that the drugs found in your possession belonged to someone else. It doesn’t matter if you were or weren’t aware of the drugs on your property.
To make the defense stronger, you can demonstrate that the police conceived the idea of buying and selling the drugs. Or you were pressured into buying or selling the drugs by someone else.
The Prosecution Failed to Handle Your Case in a Timely Manner
There’s a proper standard followed by the American Bar Association on how to handle the prosecution. It should be fair and timely. But if there’s a considerable amount of delay in handling your case, you can challenge the same and overturn the initial decision.
It’s also essential to select the right defense strategy when appealing against the decision. A Houston drug crime lawyer will help you move ahead with the case in the right direction. Therefore, get in touch with an experienced lawyer at the earliest.