Texas has some of the harshest penalties for drug possession. This includes possession of marijuana, possession of a controlled substance and possession of a dangerous drug. A conviction can result in jail time, large fines, license suspensions and irreparable damage to your future. It is imperative that you have an experienced criminal defense attorney on your side to determine what the defenses in your cases may be.
Texas Health and Safety Code 481.002(38) defines “possession” as “actual, care, custody, control, or management.” In addition, the State must prove that a person “intentionally or knowingly” possessed the drugs.
One key defense against drug charges is search and seizure law. The Fourth Amendment to the U.S. Constitution guarantees you protection against unreasonable searches and seizures. For a police officer to search your vehicle without your consent, he must have probable cause to believe that contraband is in your vehicle. If the arresting officer cannot prove that he had sufficient grounds for probable cause, the search is considered unconstitutional and illegal. All evidence discovered in an illegal search, including the drugs, can potentially be suppressed and ruled inadmissible at trial. This would most likely lead to your case being dismissed.
Contact me, an experienced Austin-area Criminal Defense Lawyer to determine the best strategy for you.