If you have been charged with drug possession in Texas, it is vital that you mount a strong defense. Even a very small quantity of a controlled substance could mean serious time in jail and very steep fines. What do you need to know about drug possession defense? We’ll explore it below.


First Offense


If this is your first offense, and the quantity of the controlled substance was low, it is possible that the judge will let you off with probation and a fine. In some cases, this may be contingent on you agreeing to other stipulations, though. The most common include:


  • Community service in a range of programs.
  • Mandatory completion of a drug addiction program designed to help you learn the skills needed to remain drug-free.


With that being said, not everyone will be given probation, particularly if this is not your first offense.


Unknowing Possession


In some cases, you may be able to claim unknowing possession. In order to convict, the prosecutor must be able to prove that you knowingly possessed the drug in question. There are many situations in which you may be in possession of drugs but be unaware of it.


For instance, if someone came to your home and left their personal drugs behind, you may be unaware of it. A passenger could have accidentally (or intentionally) left drugs in your vehicle without your knowledge. If the prosecutor cannot prove that you knowingly possessed the controlled substance, you may be able to achieve a lighter sentence or even have your case dismissed.


Unlawful Search and Seizure


As a US citizen, you are guaranteed protection against unlawful search and seizure. If the drugs were discovered through methods that violated your Fourth Amendment rights, the case could be thrown out. For instance, if you are pulled over for speeding, and the drugs are in plain view of the officer, then they can be taken and used as evidence. However, if the drugs were only discovered after an illegal search of your vehicle, they may not be able to be used.


Moving Forward


Being charged with drug possession in Texas can be frightening and frustrating. However, you can defend against these charges. It’s important that you work with an experienced Texas attorney who will fight for your rights and who understands the drug charges in Texas. Call The Blacknall Firm today at 214-678-9111 to discuss your case.