First time possession charge- Getting arrested and charged with drug possession in Texas can have serious negative consequences that can alter the course of your life significantly. Texas has some of the harshest penalties in the nation for people found guilty of drug possession which can include years of jail time, hefty fines, and a permanent criminal record. It is possible to fight drug possession charges and avoid a conviction.
Defending a drug possession case can be a complicated and difficult process. A skilled attorney who understands Texas state laws of drug possession charges can navigate the complex legal system on your behalf and work to achieve the best possible outcome in your case. Only the prosecution has the power to either drop or offer reduced charges. An experienced attorney who understands how to handle your case can negotiate with the prosecutor and protect you from spending time in jail or paying substantial fines.
To fight drug possession charges, your attorney should investigate the government’s case. An important issue to focus on is whether the law enforcement officer who made the arrest was justified in doing so. Police should not conduct a search or seizure unless they have a warrant or the situation falls under one of the exceptions to the 4th Amendment warrant requirement. Consent gives law enforcement permission to search you or your property. You have to the right to refuse a search. However, if the investigating officer has probable cause to believe you have evidence of a crime on you or in your property, he may be able to legally initiate a search. One of the most common situations that allow police to conduct a search is when they see illegal drugs or drug paraphernalia in plain view.
In many cases, answering an officer’s questions gives them the facts they need to justify a search. Admitting that you have recently been using drugs or that you have them with you can gives a police officer what he needs to legally search. You have the right to tell the police that you wish to remain silent. If the police do not have consent, do not see illegal activity and do not have facts that make them believe a crime is being committed, but search anyway, anything illegal they find may be inadmissible in court. An attorney that understands the law and knows how to evaluate the facts that lead to an arrest can find problems with the government’s case and possibly get the charge dismissed.
A knowledgeable and skilled criminal defense attorney can help you fight drug possession charges against you or a loved one. If you need an experienced attorney to advocate on your behalf in Houston, Texas, reach out to the team at Collin Evans Law, PLLC. Collin Evans is an attorney who will investigate how the police conducted the search, answer your questions, and provide valuable legal counsel regarding your case. To learn more about how Collin Evans and how he can help you, contact him online or by phone at 713-225-0650, to discuss your options.