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Defense options for fighting drug possession charges

On Behalf of | Dec 8, 2021 | Drug Charges

If you have been charged with drug possession in Texas, you shouldn’t necessarily assume that you will be convicted, spend time in jail, and be stripped of some of your rights. At least one of several defenses can help acquit you of those charges.

Tyes of drug possession defenses

Generally, a criminal defense strategy for drug possession falls into three general categories: challenging, the stated facts, testimony or evidence, procedural errors, and affirmative defense. Challenging the stated facts or evidence can be tricky in certain circumstances, such as claiming you didn’t know the drugs were on your person, in your vehicle or they belonged to someone else. Before mounting a defense like this, make sure that you have a sound case with provable facts that will work in your favor.

A more sound defense involves unlawful search and seizure. The police may only search your home with a warrant. If you are in a vehicle, you can only be charged with possession if drugs are in plain view during a traffic stop. If the police insist on opening the trunk without your permission during a traffic stop, find drugs, and then charge you with possession, that constitutes unlawful search and seizure. Entrapment, where the police set up a situation that causes you to commit a crime is another procedural defense.

Building a strong defense

Protecting your rights is a critical part of mounting a strong defense against drug possession. Some situations allow you to legally have drugs in your possession, yet unscrupulous police may still charge you.

Be careful with medical marijuana as Texas has not legalized its use. However, you may be able to mount an affirmative defense, in some cases, if you can prove that you have been granted medical clearance for certain drugs.