Common Defenses Against Drug Possession and Distribution Charges
Facing criminal charges for drug possession or drug distribution is a challenging experience. It's common to feel afraid, uncertain, and experience a heavy sense of isolation. Additionally, you might worry about your career, your family's reputation, or your very freedom.
However, these feelings don't mean you've lost your future. If you are facing drug crime charges, there are ways to build a strong defense against the allegations. At Danford Law Firm, we believe that one mistake or a simple misunderstanding shouldn't define the rest of your life.
Whether you're dealing with a minor charge or a more serious allegation, we can help you explore the potential defenses for your case. Located in Kerrville, Texas, we represent clients throughout Kerrville, Boerne, Fredericksburg, Bandera, Junction, the Texas Hill Country, and San Angelo. Contact us today for a consultation.
Challenging Unlawful Searches and Seizures
The Fourth Amendment of the U.S. Constitution protects against unreasonable searches and seizures. In drug possession cases, if law enforcement lacked a valid reason to stop or search you, the court might dismiss the evidence.
A common tactic for building a defense against drug charges includes highlighting procedural errors during the initial encounter. Police must adhere to strict rules, and when they don't, you and your attorney can challenge the evidence and the search itself. Some common ways to challenge a search include:
Lack of probable cause: Police officers must have a reasonable belief, based on objective facts, that a crime is being committed before they can conduct a search without a warrant. If they lack a reasonable belief, the legality of the search or seizure can be called into question.
Invalid search warrants: If a warrant was issued based on false information or lacked sufficient detail about the location to be searched, the resulting evidence might be inadmissible.
Exceeding the scope of a search: Even with a warrant, police officers can only search specific areas. If they enter unauthorized rooms or search containers outside the scope of the warrant, the legality of their search can be challenged.
When a judge agrees that your rights were violated during a search and seizure, the prosecution's case can often weaken. At Danford Law Firm, we are committed to advocating for your rights and challenging evidence whenever possible.
Contesting the Elements of Possession
Just because illegal substances are found near you doesn’t mean you're legally "in possession" under Texas law. The state must prove you had actual care, custody, control, or management of the items.
Additionally, the prosecution must show you knew the drugs were there and intended to control them. Highlighting that you didn't know about the drugs or did not have control over them can create reasonable doubt, which can weaken the case against you. The common scenarios where you might be able to contest possession include:
Constructive possession issues: If drugs were found in a common area of a shared house or a car with multiple passengers, it's hard for the state to prove they belonged specifically to you.
Lack of knowledge: You might have borrowed a friend's jacket or car without knowing there were illegal substances tucked away in a pocket or the glove box.
Transitory possession: If you briefly held an object for someone else without knowing its contents, you can argue that you didn't have the intent to possess a controlled substance.
By picking apart the state's definition of drug possession, you and your attorney can highlight the lack of direct evidence linking you to the crime. At Danford Law Firm, our experienced Texas drug offense lawyers can use these nuances to protect your record and build a strong defense on your behalf.
Questioning the Chain of Custody and Lab Results
Once the police seize evidence, they must maintain a strict "chain of custody" so that it remains secure and identifiable. If drug evidence is left unattended, mislabeled, or handled by unauthorized personnel, it can be deemed invalid in court.
In Texas, you can't be convicted of drug possession if the substance isn't what the police claim it is. Mistakes in busy crime labs are common, so identifying potential issues in the forensic process can be a viable defense against drug possession or distribution charges.
Misidentification of substances: Field tests are notoriously unreliable and frequently produce false positives for legal household items or over-the-counter medications.
Contamination: If samples weren't stored correctly or were mixed with other substances, the chemical analysis could be tainted.
Lost or missing evidence: If the state can't produce the actual drugs they claim to have found, or if a portion of the evidence goes missing, the case is likely to fall apart.
In some cases, testing errors could potentially turn a serious felony charge into a dismissal. At Danford Law Firm, our Texas criminal defense attorney can help verify that protocols were followed.
Contact Our Texas Criminal Defense Attorneys for Guidance Today
Facing a charge for drug possession or distribution can be challenging, but you have options to build a defense. At Danford Law Firm, our attorneys, Harold J. Danford, Jonathan R. O'Hara, and Thomas J. Hurt, are committed to exploring every possible avenue to protect your future and keep your record clean. We take pride in helping our clients defend against drug charges and regain control of their lives.
Located in Kerrville, Texas, we serve clients throughout Boerne, Fredericksburg, Bandera, Junction, and throughout the Texas Hill Country, as well as in San Angelo. Contact us today to schedule a consultation.