September 13, 2018
If you have been accused of drug crimes in Texas, you have several options for fighting back against the charges.
In this post, we’ll outline a number of common defenses for drug crimes that have proven successful. Depending on the circumstances of your case, one or more of these defenses may work to get your Texas drug charges reduced – or even dropped or dismissed.
Improper Police Procedure
If the police lacked probable cause, used harsh or abusive actions, failed to read you your rights, or performed an illegal search or seizure, your case may never make it to court. This could also apply if the police used unreasonably strong threats to move you to confess.
Lack of Knowledge
You may have been found in possession of drugs, but if you didn’t know that they were in your possession, you can use this defense. Here are a few examples of how this defense may apply:
- You borrowed your friend’s jacket and didn’t know he had bags of marijuana stashed in the pockets.
- Someone hid drugs in your apartment, and the police found them during a search.
- You drove your relative’s car without knowing that they were storing drugs in the backseat.
- You delivered a package for someone else without knowing that the package contained illegal drugs.
Consult with an experienced attorney to know if this defense will work in your case.
Lack of Possession
This defense can work when it is difficult to prove whether you were actually exercising control over the drugs in question.
For example, if you own property that you rent to others and drugs are found on the property, you may not be held liable for possession. Another example is when a police officer pulls over a vehicle and drugs are found, but since there are several passengers, the ownership is unclear.
Not an Illegal Substance
The police may have seized what they believed to be drugs, but the lab analysis can prove otherwise. Drug possession or trafficking charges apply only when the drug in the lab matches the description of the drug at the time of arrest.
Problems with the Evidence
The drugs seized in the original search must match the drugs presented as evidence in court. If there is any confusion or switching, your attorney can argue that you cannot be charged with the crime.
Someone may have threatened harm against you or your loved ones unless you agreed to possess or distribute drugs. With the duress defense, you may not be held responsible for your charges.
This is a special defense that applies when police abuse their power to force you to purchase drugs when you would not have done so otherwise. Police are allowed certain privileges in undercover operations, but they cannot abuse their power.
An experienced attorney will know whether the police overextended their range, and can fight to have your case dismissed.
Obviously, these options are not the only possible arguments that can be used to defend you. The best possible defense will depend upon the specific details of your case and situation.
About the Author:
The strength of Brian S. Eppes as a lawyer is in his unique and varied background. Like many other private attorneys, at one point he worked as a prosecutor. However, he also served in George W. Bush’s White House, has helped Texas legislators to write laws, and spent time at a tax and estate planning firm. These experiences have enabled him to look at cases in a different way than his peers and find creative solutions that benefit his clients.