When it comes to criminal charges in the state of Texas, drug-related arrests are the most common in recent years. This is due to a number of factors, including a crackdown by law enforcement on drug-related activities, as well as a greater influx of drugs into the state. For those facing drug-related charges, it can be a trying time. However, knowing what to do in your situation can help provide at least some peace of mind.
Know Your Rights
No matter what type of drug charge you’re facing, you have rights as a resident of Texas and as a US citizen. Understanding your rights will help see you through and may even lay the foundation for your defense once you go to trial. Your rights include:
- Police usually need a warrant to search your vehicle or your home, unless probable cause can be proven.
- Most search warrants only grant police access to specific areas of a home and entry to other areas may not be allowed.
- You have the right to remain silent and from providing self-incriminating information to police.
- You have the right to reasonable bail – the bail amount should be commensurate with the offense in question as well as your flight risk.
Possible Defense Strategies for Drug Possession Arrests
As mentioned, your defense strategy may actually play off a violation of your rights during the arrest or in the period leading up to the arrest. It may even rely on a rights violation after you were arrested. Some of the more common, yet effective, defense strategies that might be employed here include:
- Unlawful Search/Seizure – If the arresting officer cannot prove probable cause, then there is a chance that any arrest made will be unlawful. The law states that an officer must have reasonable cause to pull you over, or to enter your home. This also applies to officers overreaching in situations involving a search warrant. If the area of the home is not specifically stated, the officers may not have had a right to search it in the first place. The same thing applies to your vehicle.
- Violation of Miranda Rights – Your Miranda rights, such as the right to remain silent, may have been violated during or after the arrest.
- Insufficient Evidence – If the arrest was made based on little or no real evidence, or the evidence was gained in an unlawful manner, there may be the opportunity to have the case dismissed for insufficient evidence.
Many other potential defenses exist in relation to Texas drug crimes, including:
- Drugs found were not for human consumption
- Lack of knowledge regarding possession
- A medical professional actually prescribed the drugs
- Insufficient quantity
The Key to Moving Forward
No matter what your drug arrest might involve, the key to moving forward and potentially seeing a positive outcome is to have the right legal representation. Contact the Law Offices of Sharita Blacknall today by calling 214-678-9111 to schedule a consultation on your case or the case of a loved one.