What You Should Know about Texas’s Capital Murder Charge
Capital murder is the most severe charge in Texas and can carry the death penalty. A recent story from Lubbock Online highliRead More
Drug possession charges in Texas can have serious consequences, but it’s essential to understand that a charge differs from a conviction.
While the state may have enough evidence to bring a case against you, several strategies can be used to beat a possession charge and reduce or even eliminate the consequences you face.
The first thing to understand is that the state must prove its case beyond a reasonable doubt. This means that if the defense can cast enough doubt on the state’s evidence or argument, the case can be dismissed or the charges reduced.
In order to do this, it’s essential to work with a knowledgeable criminal defense attorney who understands the legal process and can help you build a strong defense.
There are a number of potential defense strategies a skilled lawyer might be about to use to fight your charge – it just depends on the specifics of your situation.
Fourth Amendment. One of the most common defenses in drug possession cases is the Fourth Amendment, which protects citizens against unreasonable searches and seizures. If the police conducted a search or seizure that violated your rights, any evidence obtained from that search or seizure could be excluded from court.
What does this mean? If the evidence against you was obtained illegally, it can’t be used to prosecute you. This makes it much more difficult for the state to prove its case.
Improper Procedure. Another strategy that can be used is to call the process itself into question. For example, if the drugs were found during a search, the defense may argue that the drugs weren’t found in a way that preserved the chain of custody.
If the chain of custody is broken, it can cast doubt on whether the drugs are the same ones initially seized, making it more difficult for the state to prove its case.
“Innocent Possession.” The defense may sometimes argue that the drugs weren’t intended for personal use. For example, if you were transporting drugs for someone else, you may have a defense that you didn’t know you were in possession of drugs.
This is known as the “innocent possession” defense and can be a powerful argument in drug possession cases.
Plea Bargain. Another strategy that can be used to minimize the negative consequences of a drug possession conviction is to negotiate a plea bargain. A plea bargain is an agreement between the defendant and the prosecution where the defendant pleads guilty to a lesser charge in exchange for a lighter sentence.
This can be a good option if the evidence against you is strong and you don’t believe you can beat the charges at trial.
Unreliable Evidence or Witnesses. Finally, if the case goes to trial, the defense can challenge the credibility of the witnesses and the evidence against you. For example, the defense may argue that the witnesses against you have a motive to lie or that the evidence was tampered with or manipulated.
By challenging the reliability of the evidence, the defense can cast enough doubt on the state’s case to have the charges reduced or dismissed.
Bottom line? A charge is not the same as a conviction.
If you’ve been charged with drug possession, working with a skilled criminal defense attorney who can help you build a strong defense is essential. There are a number of strategies that can be used to beat a drug possession charge, and the ones mentioned above are just a few of the options that may be available to you.
The proper legal representation gives you the best chance at reducing or eliminating the consequences you face so you can move on with your life, but you need to act fast. As soon as you are charged, get in touch to start crafting your defense strategy.
Client charged in Federal Indictment In “Operation Wrecking Ball” with 55 named co-defendants. Client faced seven charges. Client was charged with Conspiracy to Distribute Cocaine and Conspiracy to Engage in Money Laundering. Client was also charged with four counts of Distribution of Cocaine and one count of Money laundering.
Allegations involved client’s alleged use of his home to distribute cocaine. Government’s lengthy investigation involved numerous wiretaps, surveillance, video, pole cams, search warrants, vehicle stops and use of cooperating co-defendants.
Client went to trial with four remaining defendants. After a two-week trial, Judge granted Motion for Acquittal on four of the seven charges. Jury found Client Not Guilty of remaining three charges.
Client charged in Federal Court with two counts of Wire Fraud related to Five SBA EIDL loan applications. The Government alleged the client, a Houston professional, defrauded the Small Business Administration out of over $150,000. The Client faced up to 20 years in prison on each count. The Defense investigated the case and negotiated a deal that included the Government not opposing a probation. The Federal Guideline calculation was for a prison sentence and the Probation Department recommended a prison sentence. Attorney Fickman submitted a 90 page Defense Sentencing Memorandum asking for Probation.
Client was retired professional. Client was accused of being involved in a road rage incident in 1960 Area. Defense put together a 100 page memorandum that demonstrated complainant was actual aggressor.
Client was accused of touching child. Case involved thousands of pages of psychiatric and Child Protective Services records as well as investigations by multiple police departments. After three- year fight, case dismissed.
Client accused of shoving and knocking down family member causing injury. After investigation, charges were dismissed.
Client was accused of knocking disruptive student against the wall. Videotape of incident was obtained. Witnessed located and interviewed. On the day of trial, case was dismissed
Client was nurse at mental hospital. Client accused of assaulting fellow employee who was being rough with patient.
Louisiana businessman accused of assaulting co-worker in drunken bar fight.
Client was accused of shoving date out of vehicle and breakings date’s property. Investigation showed allegations were false.
Client was accused of producing and using fraudulent temporary tags in sale of vehicles.
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