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texas drug cases Tag

JBABB Criminal Defense Attorneys > Posts tagged "texas drug cases"

Defining Possession in Texas Drug Cases

Defining Possession in Texas Drug Cases

Drug Possession Defined

 

Drug possession is a serious charge in Texas, bringing with it the potential for prison time and enormous fines. Due to the gravity of this type of charge, it’s vital to thoroughly understand every element of the crime as the court interprets it. Only from there can you build a strong defense. Let’s take a look at how Texas law defines possession of a controlled substance.

 

Under Texas statute, a person commits the offense of possession of a controlled substance if he or she:

 

Knowingly or intentionally possesses a controlled substance, unless the person obtained the substance directly from or under a valid prescription or order from a practitioner acting in the course of professional practice.

 

Now that you know the legal definition of possession of a controlled substance let’s review a few examples that illustrate this definition.

 

John obtained a prescription drug from his doctor at his doctor’s office. While the prescription was for a narcotic pain reliever, he cannot be charged with possession of a controlled substance.

 

The police found drugs in Jane’s car, but they were in her friend’s purse, which she left in Jane’s car by accident. Jane’s attorney could argue she did not knowingly or intentionally possess controlled substances.

 

Sam was found in possession of a controlled substance and claimed he had a valid prescription. In reality, his prescription was phony, which his friend who just graduated medical school wrote for him. Sam knew the prescription was fraudulent but filled it anyway. Sam could be charged with possession of a controlled substance.

 

The police found Mary with a controlled substance on her person. She did not have a valid prescription, and she mistakenly admitted it was hers during the arrest. Mary could be found guilty of possession of a controlled substance.

 

A Drug Possession Defense Attorney Can Defend Your Rights

 

Every possession of a controlled substance case is different. The facts and circumstances of your offense can significantly impact the consequences. Call a Dallas-Fort Worth drug crime defense attorney immediately if you are facing drug possession charges. An attorney may be able to fight your charges depending on the specifics of your case. The penalties for possession of a controlled substance are severe and vary greatly depending on the penalty group. Don’t face these charges alone. Find an advocate who knows how to defend this type of case.

 

 

If you are facing charges for possession of a controlled substance in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on how to defend your rights. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.

 

Demystifying Texas Drug Cases and Search and Seizure Laws

Demystifying Texas Drug Cases and Search and Seizure Laws

Know Your Rights

 

The U.S. Constitution protects you from unreasonable search and seizure. Law enforcement routinely searches people and their property to seize valuable evidence. This is particularly common in drug cases. Search and seizure remains a large component of law enforcement protocol. When investigating drug cases, obtaining evidence is of utmost priority. Texas has very strict controlled substance laws with severe penalties. The consequences of drug possession can vary widely based on the substance, the quantity, the context and the defendant’s criminal history. Thus, it’s essential to thoroughly understand search and seizure laws when facing drug charges.

 

Following Protocol

 

Typically, a police officer must have a warrant signed by a judge to search your person or property. If police conduct a search without a valid warrant, a judge may rule the evidence seized is inadmissible in court. Inadmissible evidence cannot be held against you.

 

But there are situations where law enforcement cannot obtain a warrant in a reasonable amount of time to apprehend suspects or seize evidence. The law provides police officer certain situations where they can perform a search without a warrant, including:

 

  • The officer saw the defendant commit the crime then conceal the evidence
  • The officer must enter private property to continue the pursuit of a suspect
  • The officer checks for weapons to ensure officer safety during a stop
  • The officer is arresting the subject and must search for weapons and contraband

 

Outside of these situations, there are very few instances in which a law enforcement officer may search your person or property and seize evidence in your possession.

 

Factors in Drug Cases

 

In drug possession or possession of drug paraphernalia cases, search and seizure laws are fundamental. It’s crucial to understand your rights and protections under the law, especially when facing a possession charge. One of those protections is freedom from unreasonable search and seizure.

 

Speak with a Dallas-Fort Worth criminal defense attorney if you think a law enforcement officer illegally searched you or your property. An attorney can evaluate the facts and circumstances of your case and advise you on whether the officer performed an illegal search. If so, the attorney can file a Motion to Suppress evidence in your case. Suppressing evidence can significantly weaken the prosecution’s argument. In some cases, this results in the case being dismissed altogether.

 

If you are facing drug charges in Dallas-Fort Worth, JBabb – Criminal Defense Attorneys is here to help. JBabb Criminal Defense Attorneys can aggressively protect your rights. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collins, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email clients@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.