In Texas, drug offenses are taken very seriously by the authorities. If
you decide to plead not guilty, it may be possible to avoid a lot of jail
time if you have the right defense. Even if you had the drugs on you and
it appears that there is sufficient evidence that you may have intended
to sell them, there may still be a reasonable defense available for you
based on some of the following factors.
There is such a thing as unlawful search and seizure, and it states this
in the fourth amendment to the U.S. Constitution. It guarantees the right
to due process of law even before you are arrested. If the drugs are obvious
and in plain sight during, for example, a traffic stop, then they can
be taken by the police as evidence. However, drugs found in your trunk
or under your seat are not permissible as evidence if you did not give
your express consent for the search.
The drugs, while found in your car or in your apartment, may not be yours.
A defense of this sort is quite common and can work because it is up to
the prosecutor to prove beyond a doubt that the drugs were yours. Another
line of defense that you might take is that just because the substance
looks like an illegal drug doesn’t make it one. A crime lab analyst
has to testify that the drug is illegal. If they don’t, then you
may be able to get a good outcome.
A legal professional can force the prosecution to prove the actual
drugs that were in your possession. Sometimes drugs get transferred and misplaced. If the prosecution cannot
produce the drugs, a conviction is not assured.
You may want to talk to a legal professional who is skilled in this particular
type of situation. Having someone who knows the laws of Texas can be invaluable
at a time like this.
Source: FindLaw, “Drug Possession Defenses” Oct. 13, 2014