A Texas Drug Possession Charge Is Not a Conviction
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.
How Prosecution for Drug Possession Works in Texas
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.
Strategies Your Texas Criminal Attorney May Be Able to Use to Help You Beat Your Charges
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.