In Texas, criminal charges & potential penalties for drug offenses can vary significantly. Dope cases can range from simple possession to distribution & manufacturing allegations.
The Texas Controlled Substances Act classifies these offenses based on the type and amount of the substance. Thus, your case is unique with the severity of the charges contingent on the type & quantity of the substance involved with your case.
If you’re facing criminal charges for possession of a controlled substance in Greater Houston, contact our criminal defense lawyers today. Tad Nelson & Associates provides legal representation for individuals with felony and misdemeanor criminal charges.
To get started, contact our law firm today at 713-659-0909 to schedule your free criminal case consultation with our legal team.
Understanding Intent and Possession
Intent plays a huge role in felony drug cases. Proving intent can often be more challenging for the prosecution than proving possession.
For example, possessing a large quantity of a controlled substance could indicate intent to distribute, but circumstantial evidence must support this claim. Challenging the evidence is an effective defense strategy along with questioning the intent of the possession.
There have been clients of ours in Houston & Galveston whose cases we’ve successfully argued using this strategy. If you have questions about how we can help with your case, call us.
Search, Seizure, and Your Constitutional Protections
The Fourth Amendment to the Constitution of the United States protects Americans from unreasonable searches and seizures.
This protection is a cornerstone of effective dope case defense strategies.
If the Houston Police Department or Harris County Sheriff’s Deputies conducted a search without a warrant or probable cause, any evidence obtained might be inadmissible in court.
If we’re representing you, our legal team examining the details of the search, the warrant’s validity, and the conduct of law enforcement officers can reveal potential violations of constitutional rights. If we can prove these violations, there are few reasons the judge wouldn’t dismiss your case.
Actual Vs. Constructive Possession
Constructive possession occurs when an individual has access to & control over a substance. This applies even if it’s not in their direct physical possession. This concept is often contested in drug trials.
For instance, controlled substances found in a shared vehicle or residence may not directly implicate all occupants. Distinguishing between actual and constructive possession can be crucial for the defense.
Chain of Custody & Evidence Integrity Concerns
The integrity of the evidence is of extreme importance in cases involving narcotics and other offenses. The chain of custody refers to the documented process that evidence undergoes from the time of seizure to its presentation in court.
Any break in this chain can lead to questions about the evidence’s validity.
As experienced drug crime lawyers in Houston, we know exactly how to scrutinize evidence custody history. If we’re successful at identifying lapses, it’ll be an effective strategy to challenge the prosecution’s case.
Medical Marijuana: Legal Grey Areas
Medical marijuana presents a unique legal challenge. Despite being illegal under federal law, certain patients may have a valid defense for possession of medical marijuana under Texas’ compassionate-use program. Understanding the specific legal protections is an important part of mounting a credible defense using this strategy.
Prior Criminal Records Have an Impact
Prior convictions can significantly influence the outcome of your current drug charges. Texas law imposes harsher penalties for repeat offenders. This is done in the form of “enhancements.” Having a charge enhanced basically means having your charge upgraded to the next criminal classification up.
For example, a State Jail Felony can be upgraded to a Felony in the 3rd Degree, and so forth.
Depending on the nature of your criminal history, it may not have a serious impact on the case. However, our ability to develop a strong defense won’t be hindered by external factors.
We can mitigate any potential impact your criminal history may have through character evidence, rehabilitation efforts, and other methods.
Expert Witnesses: Strengthening Your Defense
In some cases, we might fight it wise to bring an expert witness to the defense team to help fight your charges.
Expert witnesses can provide highly useful insights in some felony drug cases. For example, forensic experts can challenge the prosecution’s evidence regarding the type of substance, and the quantity. Medical experts might testify about the effects of a drug on the defendant’s behavior.
Again, in some cases, having an expert witness on our team can help boost our arguments and introduce reasonable doubt. They’ll also be ready to counter any experts in the prosecutor’s stable.
The Importance of Skilled Legal Representation
If you’re being prosecuted for a felony drug offense in Houston without skilled legal representation, the odds are stacked against you.
At Tad Nelson & Associates, we understand the complexities of building a tactical legal defense with effective attributes. We understand the high stakes our clients face when going up against the State of Texas. If you’re facing a felony drug offense, call us 24/7. The faster, the better.
Our experienced Houston criminal defense attorneys, Tad Nelson and Amber Spurlock, bring a wealth of knowledge to your table. Also, we have a proven track record that makes our clients proud to be represented by us.
We’re committed to providing our clients with the best possible defense by leveraging every available legal resource to protect your rights. If there’s a way to get your case dismissed during pre-trial, we’ll find it.
Arrested for Possessing a Controlled Substance?
Call Houston Criminal Defense Lawyer Tad Nelson Today!
If you’re facing drug charges in the Greater Houston area, don’t wait to seek legal help. Call us at 713-659-0909 for a free consultation, or send us a message through our contact page. We offer flexible payment options and excellent legal representation.
