Faced with drug charges in Texas can be daunting, as the laws are some of the toughest in the country. From minor possession to serious trafficking charges, the penalties can range from fines and community service to long prison sentences depending on the drug, quantity, and circumstances. However, being charged doesn’t mean being convicted. A good defense and strong legal representation can make all the difference in your case.
In this blog, we’ll explore key legal defenses against drug crimes in Texas and emphasize the importance of working with an experienced drug crimes attorney in College Station to protect your rights and build a strong defense.
Types of Drug Crimes in Texas
Drug crimes in Texas are many and varied, each with its own set of penalties. Drug possession in Texas is one of the most common drug crimes, with legal implications that vary based on factors such as the quantity of drugs involved and prior convictions. Knowing these categories is key to building a good defense and navigating the system.
Common Drug Crimes and Their Classifications
- Drug Possession: Having a controlled substance like anabolic steroids without a prescription is one of the most common drug crimes in Texas. The severity depends on the drug, the amount, and whether it’s in Penalty Groups 1 through 4 under Texas law.
- Drug Trafficking: Trafficking is the manufacturing, distribution, or delivery of controlled substances. This is a degree felony, and penalties are more severe for trafficking large quantities or across state lines.
- Drug Manufacturing: Making illegal drugs like methamphetamine or synthetic substances is drug manufacturing. This includes growing marijuana or running a lab to make controlled substances.
- Possession of Drug Paraphernalia: Having items like pipes, syringes, or scales used in drug use or distribution can get you charged even if no drugs are found.
- Prescription Drug Fraud: Getting prescription drugs through fraud, forgery, or misrepresentation (e.g. using fake prescriptions or doctor shopping) is a serious offense in Texas.
- Possession With Intent to Distribute: If the amount of drugs in your possession suggests distribution (e.g. large quantities or packaging materials), the charge can be upgraded from simple possession to possession with intent to distribute.
Factors Affecting Drug Crime Charges
- Drug Type: Texas has penalty groups for controlled substances, and illegal drug possession is influenced by the type of drug. Penalty Group 1 (e.g. cocaine, heroin) is the most severe.
- Prescription Medications: Penalty Group 4 includes certain prescription medications that can be abused. Possession without a valid prescription can result in significant legal penalties.
- Quantity: Larger amounts result in more severe charges and penalties, such as mandatory minimum sentences.
- Location: Drug crimes near schools, parks, or drug-free zones get extra punishment.
- Prior Offenses: Repeat offenders get harsher punishment than first-timers.
Importance of Legal Representation
Texas drug laws are complex, so it is essential to consult with an experienced drug crimes attorney. Drug abuse can complicate legal cases, making it crucial to address it with professional help. They can analyze the charges, assess the evidence, and determine the best defense strategy for your case.
Unlawful Search and Seizure
Understanding the legal protections against unlawful search and seizure is vital for anyone facing charges of drug crimes in Texas. The Fourth Amendment of the U.S. Constitution and the Texas Constitution provide strong safeguards against unreasonable searches.
Understanding the Fourth Amendment and Texas Constitution Protections
The Fourth Amendment protects individuals from unreasonable searches and seizures. In Texas, this protection extends to your home, vehicle, and personal belongings. Law enforcement must have probable cause or a valid warrant to search these areas. If they fail to meet these legal standards, any evidence obtained during the search may be deemed inadmissible in court. This means that if the prosecution relies on evidence obtained through an illegal search, it could significantly weaken their case.
Challenging Evidence Obtained Without Probable Cause or a Valid Warrant
To challenge evidence obtained without proper legal justification, your defense attorney can file a motion to suppress. This motion argues that the evidence should not be allowed in court due to the violation of your rights. If the court agrees, it can lead to the dismissal of the charges or a reduction in the strength of the prosecution’s case.
Common scenarios where evidence may be challenged include:
- Traffic Stops: If an officer stops your vehicle without reasonable suspicion, any subsequent search may be invalid.
- Home Searches: If police enter your home without a warrant or consent, any evidence collected may be inadmissible.
- Searches of Personal Belongings: If officers search your belongings without probable cause, the evidence they find may be challenged.
Lack of Drug Possession or Control
In Texas, the law defines possession as having control over an illegal drug or a controlled substance. This can be a key point in defending against drug crimes. If you are charged with drug possession, it is important to establish that you did not have possession or control of the drugs in question.
Defining Possession Under Texas Law
Texas law distinguishes between actual and constructive possession. Actual possession means you have direct control over the drugs. For example, if drugs are found in your pocket, you have actual possession. Constructive possession occurs when drugs are found in a location where you have control, such as your home or vehicle. However, just because drugs are found in a shared space does not automatically mean you possess them.
Strategies for Disputing Control Over Drugs Found in Shared Spaces
If drugs are found in a shared space, such as a car or apartment, you can argue that you did not have exclusive control over them. Key strategies include:
- Joint Ownership: If multiple people have access to the space, you can argue that any of them could have placed the drugs there.
- Lack of Knowledge: You can assert that you were unaware of the drugs’ presence. This is especially relevant if you were not the primary user of the space.
- Witness Testimony: Statements from cohabitants or friends can support your claim that you did not control or know about the drugs.
Lack of Intent
In drug crime cases, proving intent is crucial. The prosecution must show that the accused had the intent to distribute or sell illegal drugs. Without this intent, the severity of the charges may significantly decrease.
Analyzing Drug Crimes Involving Intent to Distribute
Texas law classifies drug crimes into various categories, including possession and distribution. When facing charges for drug crimes, intent becomes a key element. The law often looks at factors such as the amount of drugs, packaging, and any related paraphernalia. For example, possessing a large quantity of a controlled substance may suggest intent to distribute. However, this is not definitive proof.
Burden of Proof for Demonstrating Intent Beyond a Reasonable Doubt
The prosecution carries the burden of proof. They must demonstrate intent beyond a reasonable doubt. This means they must provide clear evidence that the accused planned to sell or distribute the drugs. Defense strategies may include:
- Questioning Evidence: Challenging the prosecution’s evidence linking the accused to intent. This can include questioning the context in which drugs were found.
- Presenting Alternative Explanations: Providing alternative reasons for the possession of drugs. For example, the accused may have been using the drugs for personal use, rather than intending to sell them.
- Witness Testimony: Bringing in witnesses who can testify to the accused’s lack of intent to distribute.
Entrapment
Entrapment occurs when law enforcement officers induce or coerce an individual to commit a crime they would not have otherwise committed. This defense is crucial in drug crime cases, particularly when the accused argues that they were manipulated into illegal actions.
Identifying Coercion or Inducement by Law Enforcement
To establish an entrapment defense, it is essential to show that law enforcement officers used coercive tactics to persuade the accused to commit a drug crime. This could involve situations where undercover officers pressure someone into buying or selling drugs. The defense must demonstrate that the actions of law enforcement went beyond mere encouragement and crossed into coercion.
Key points to consider include:
- Nature of Interaction: Was the accused approached aggressively or repeatedly by law enforcement?
- Prior Conduct: Did the accused have a history of drug offenses, or were they a law-abiding citizen before the incident?
- Opportunity for Crime: Did law enforcement create a situation that pressured the accused into committing the crime?
Legal Standards for Proving Entrapment in Texas
In Texas, the burden of proof for entrapment lies with the defendant. The accused must show that law enforcement’s actions were responsible for causing the crime. Texas courts evaluate entrapment claims based on two primary standards:
- Subjective Standard: This standard focuses on the defendant’s predisposition to commit the crime. If the defendant was already willing to engage in drug-related activities, the entrapment defense may not hold.
- Objective Standard: This standard examines the conduct of law enforcement. If their actions are deemed inappropriate or excessive, the court may rule in favor of the defendant.
Consult With an Experienced College Station Drug Crimes Lawyer ASAP!
If you or a loved one are facing drug charges in Texas, it’s important to act fast and have experienced legal representation by your side. At Cowboy Law Group, our attorneys are experienced in handling various criminal defense cases, including drug crimes. We will protect your rights, challenge the evidence against you, and build a strong defense to get the best possible result for your case.
Contact us at 832-326-2932 today for a free case review!