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Ways A Skilled Drug Possession Lawyer Fights Drug Charges

The Law Firm of Andrea M. Kolski
Drug possession

In the US, someone is arrested for drug possession every 25 seconds. This incredible statistic reveals how drug laws, and drug convictions, impact the lives of millions every day. Understanding what to do when dealing with drug charges is an important step towards protecting your freedom.

First, there is a difference between being charged and being convicted of drug possession. A conviction is a court declaration of the person’s decided guilt. When a person is charged, they can choose to plead guilty and move to sentencing or decide to plead not guilty and fight the charge in court. A person who is found guilty of drug possession likely faces jail time and/or stiff fines or penalties. A drug possession charge is an allegation of the crime that was supposedly commited.

If you or someone you know has been arrested and charged with drug possession, there are plenty of ways to fight it. From challenging the evidence to asking for alternative punishments to jail and fines, the best attorneys will use the tactics we describe below.

Keep reading to learn more about how a drug possession lawyer will help you fight your charge – and keep you out of jail.

What Are the Consequences of a Drug Possession Charge?

The penalties for drug possession in Texas range from the not-too-serious to incredibly devastating. Texas has some of the highest conviction rates in the US, so any charges should be taken seriously. The penalties one can face depend on a number of factors.

Factors include the type of drug in question, the amount, and other aggravating factors. Aggravating factors are details such as proximity near children or a school. Lastly, the intent to sell or use the drug will impact the penalties as well.

Penalties for a drug conviction include:

  • Heavy fines
  • Community service
  • Jail time or time in a federal prison
  • Probation
  • House arrest

Beyond these penalties, a conviction from drug possession will go on your permanent record. Having a criminal record for a drug conviction impacts your ability to find employment, get loans, vote, own a gun, and even find housing.

How a Drug Possession Lawyer Fights For You

Remember, being arrested for drug possession is not the same as a conviction. None of the above penalties apply until you’re actually convicted.

When facing drug possession charges, the best possible outcome is to avoid being convicted. How does one avoid conviction?

Like everything else in life, when you have an emergency, you want qualified expert help. If you need a life-saving medical treatment, you want a doctor who specializes in that treatment. It’s the same with the law. It’s best to find a drug possession lawyer that has experience defending drug cases and immediately get them working on your case. A good drug possession attorney can strategize the best course of action and see what must be done to give you the best possible outcome. Every case is unique, but some defenses are more common than others. Below are some common arguments an experienced lawyer could make, given the right circumstances.

Fourth Amendment Rights

Every citizen is afforded certain rights under the Constitution. Your rights under the Fourth Amendment to the US Constitution include the right to the due process of law. As part of that, you’re protected against unlawful search and seizure. Therefore, a good attorney will examine how the evidence collected against you was obtained.

For example, an arresting officer must have a reasonable suspicion to stop and search you. If they had no reason to suspect you were breaking the law or putting others at risk, they had no right to search you, and whatever they found during that search could possibly be thrown out of your case.

Missing Evidence

Time often works against defendants in drug cases. This is especially true regarding evidence. Failure to secure evidence quickly can risk things being misplaced, lost, or other critical elements of a case going unprotected.

An experienced drug attorney can act fast to request all of the evidence that the state may use in their case against you. This is a way of making sure that all of the evidence is secured and available for scrutiny by your defense lawyer. Evidence can get lost through multiple transfers, testing, and storing. If the evidence isn’t present, then it’s not admissible in court.

Establishing Constructive Possession

Constructive possession means the prosecution proving that the drugs in your possession were actually yours. Just because something is deemed to be in your possession because of the circumstances, doesn’t mean it actually belongs to you. If you didn’t own the drugs or have knowledge of their presence, your attorney could argue you’re not responsible for the crime..

This might apply in a case where you were driving a friend’s car, for example. Perhaps you borrowed their car and were pulled over for speeding when the drugs were found in the glovebox.

This defense can sometimes be tricky to prove. An experienced drug possession lawyer understands how this defense must be established and presented in order to help your case. Any misstep or overlooked detail could derail this defense so working with your attorney will be critical.

Establishing What the Substance Was

The prosecution in your case has to prove that the substance in your possession was actually a controlled substance. It is possible to challenge the lab reports that determined what the substance was.

By challenging lab reports, your attorney can establish reasonable doubt. That may require the laboratory to retest or to testify in court. Bringing a lab technician in to testify is an expensive process. This can also add to the time the prosecutor needs to prosecute, as well as additional expenses for the court. So, the added pressure from your attorneys challenge could open the door to negotiate reduced charges or even a full dismissal.

Diversion Programs

If there’s no way to challenge the evidence under the Fourth Amendment, by calling into question the legitimacy of lab results, or through the other methods mentioned above, all is not lost. A skilled drug possession lawyer could argue that you and society would be better served by a diversion program than a drug possession conviction.

This is often applied to minor possession charges, and not cases where the police have been observing you for some time. With a diversion program, you may be required to pay fines and court costs, complete a drug treatment program, and submit to drug testing following the rehabilitation program. You may also be required to complete community service.

A big benefit of a diversion program is that, as long as you follow all of your obligations, your charges are dropped. That means there’s no conviction record and you won’t have a criminal record.

However, a diversion program requires sincere effort by the defendant. You must be committed to whatever requirements the court has ordered. This may include getting and staying clean. If you don’t comply, you risk receiving the maximum sentence for the charges and may even have to pay for the rehabilitation you were given.

Ready to Beat Those Drug Possession Charges?

Obviously, no skilled attorney can guarantee results. Every case is unique and will require a full review before deciding on a strategy.. However, having an experienced drug possession lawyer on your side is a big step towards presenting the strongest possible case.

If you or someone you know received a drug possession charge, all hope is not lost. There a number of actions you can take to avoid a criminal record and potential jail time. These may include challenging the evidence gathered against you or looking for alternative sentencing involving a diversion program. But the defense will depend on the particulars of your situation.

When facing drug possession charges in Texas, your freedom and your future are on the line. Give yourself a fighting chance with an experienced drug possession lawyer by your side. Contact us today to find out how we can help.

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