The state of Texas is known for having some of the harshest drug laws in the United States. The courts are committed to punishing you to the maximum extent allowable by the law. A drug possession conviction can leave a serious impact on your life, including any future job or housing opportunities. If you are being accused of illicit drug possession, follow along to see how an experienced McAllen, Texas drug crime lawyer at the Law Office of Angel Davila can explore all possible defenses on your behalf.
What types of defenses can I take for my drug possession conviction in Texas?
To fight off the harsh penalties placed against you, it is important that you understand your rights and otherwise the laws surrounding illicit drug possession so that you can take a valid defense.
A common argument used in trial is that the authorities that arrested you did not conduct the search and seizure procedure properly. That is, only certain circumstances permit authorities to search you or your property for illicit drugs, like if they have a valid search warrant or if the drugs are found in plain view. If not done in this lawful manner, you can challenge it and the Texas court will exclude this evidence from the trial.
Although this is a more difficult defense to prove, you can argue that the drugs belonged to another party or you otherwise did not know that they were in your possession. The reason why this is more difficult to claim is because the prosecutor only has to prove that you had control of or access to the drugs for a valid conviction.
Additionally, you can take the defense that the mandatory crime lab analysis was done improperly. If you believe there were errors or discrepancies in the report, you can request that a crime lab analyst testifies in the trial.
Or, you can claim that the chain of custody was done improperly. This means that the authorities failed to secure the illegal drugs in an evidence room or locker. So, if they are not able to present them in the trial, you can argue their existence. But if they do present them, you can still argue that they were mishandled throughout the course of the investigation or otherwise they are not the same ones taken from you.
If you believe the authorities practiced entrapment, you can take this defense. Specifically, this means that the authorities harassed or threatened you into committing a drug crime that you otherwise would not have committed.
And finally, the state of Texas allows the use of medical marijuana in certain cases. To help your argument, you can provide the court with a doctor’s signed recommendation or note regarding your medical need.
To get started on your defense, contact a skilled Hidalgo County, Texas criminal defense lawyer today.
Contact Our Hidalgo County, Texas Firm
For quality legal defense for criminal convictions, family law matters, and estate planning matters, contact the Law Office of Angel Davila today.