When you are facing criminal drug charges, a strategic defense can help you avoid harsh penalties and secure your future.

Key Takeaways: 

• Drug charges come in many different forms, from simple possession to drug trafficking and manufacturing, and the penalties vary based on the severity of the charge.
  
  
• There are several strategies you can use to defend yourself against drug charges, such as claiming evidence was secured through an illegal search and seizure or that you were involuntarily intoxicated.
  
  
• BRCK Criminal Defense Attorneys has over 50 years of combined experience helping people fight back against drug charges and protect their rights.

If you are facing drug charges in Texas, the consequences of a conviction can significantly impact your life, from jail time and fines to long-term damage to your reputation. However, you don't have to face these charges alone. With the right defense strategy, there’s hope for minimizing the impact or even dismissing the charges entirely. 

BRCK Criminal Defense Attorneys is a Texas law firm that focuses solely on helping clients fight back against their criminal charges. With over 50 years of combined experience and over 5,000 cases handled, we have seen firsthand how the legal system prioritizes penalization over rehabilitation, and how a conviction can erode your rights. 

In this blog, we’ll explore potential drug charge defenses that could help you fight back and protect your future.

Understanding the Basics of Drug Charges in Texas

Texas law takes drug offenses seriously, and drug charges can lead to severe consequences. Whether you’re facing possession, distribution, trafficking, or manufacturing charges, it's important to understand the nature of the offense.

• Drug Possession: Possession is one of the most common drug-related charges. It can range from small amounts of marijuana to large quantities of illegal substances like cocaine or methamphetamine.
  
  
• Drug Trafficking and Distribution: Charges related to the transportation, sale, or distribution of controlled substances.
  
  
• Drug Manufacturing: Manufacturing is the production or creation of illegal drugs, which is often associated with large-scale drug operations.

Each charge has different penalties, with the severity depending on the type and amount of the drug involved. However, no matter what charge you’re facing, a solid drug charge defense could be the key to achieving the best possible outcome.

Common Defenses to Drug Charges

There are several common defenses that can be used to challenge drug charges in Texas. Each case is unique, but these strategies often provide a starting point for building a strong defense.

1. Illegal Search and Seizure

One of the most powerful defenses in drug charge cases is challenging the legality of the search and seizure that led to your arrest. Under the Fourth Amendment of the U.S. Constitution, you are protected from unreasonable searches and seizures. If the police searched your person, car, or home without probable cause or a warrant, any evidence they found could be inadmissible in court.

For example, if you were stopped for a traffic violation and the police searched your vehicle without your consent or without probable cause, your defense attorney could argue that the search was illegal. If the evidence was obtained through an unlawful search, the court may rule it inadmissible, leading to the dismissal of the charges.

2. Lack of Knowledge or Control

Another possible defense to drug charges is that you didn’t have knowledge of the drugs or didn’t have control over them. For example, you could argue that the drugs were planted on you, or someone else left them in your vehicle without your knowledge.

In some cases, the prosecution must prove that you knew the drugs were in your possession and that you had control over them. If the prosecution can't prove this, your drug charge defense could be successful.

3. Entrapment

Entrapment occurs when law enforcement officers coerce or induce you to commit a crime that you would not have otherwise committed. If an undercover officer or informant encourages you to participate in illegal drug activity, you may have an entrapment defense.

This defense is commonly used in cases where an individual is accused of selling or distributing drugs. If it can be shown that you were pushed into committing the offense by law enforcement officers, it may provide grounds for dismissal or reduced charges.

4. Lack of Intent to Distribute or Sell

If you are charged with possession with intent to distribute or trafficking drugs, a strong defense could be to argue that you had no intention of selling the drugs. Perhaps you were simply in possession of the drugs for personal use, and the evidence doesn’t support the claim that you intended to distribute them.

This defense often involves challenging the evidence that suggests distribution, such as scales, baggies, large amounts of cash, or other paraphernalia associated with selling drugs. If the prosecution can’t prove intent to distribute, you may be able to avoid harsher penalties.

5. Prescription Drug Defense

Texas law recognizes certain prescription drugs as legal to possess, but only when prescribed to the individual in possession of the drugs. If you were arrested for possession of prescription drugs, and you had a valid prescription for those drugs, you may have a valid defense.

Your defense attorney can review the prescription, the circumstances of the arrest, and any medical documentation to prove that you were lawfully in possession of the drugs. If the evidence supports that you had a legitimate prescription, your case could be dismissed or the charges reduced.

6. Involuntary Intoxication

In rare cases, a defendant may claim that they were unknowingly or involuntarily intoxicated when they were arrested for drug-related offenses. For example, you may have been drugged without your knowledge, which caused you to act in a way that led to your arrest.

In these situations, your drug charge defense attorney would work to prove that you were under the influence of a drug without your consent or knowledge. While this defense is less commonly successful, it could potentially lead to a favorable outcome if the evidence supports your claim.

Other Potential Drug Charge Defense Strategies

While the defenses mentioned above are among the most common, your defense attorney may employ other strategies based on the unique facts of your case. For example:

• Coerced Confession: If you were pressured into confessing to a crime you didn’t commit, the defense may argue that your confession was involuntary and inadmissible in court.
  
  
• Mistaken Identity: If you were mistakenly identified as the person involved in drug activity, you may have a strong defense based on the lack of accurate identification.
  
  
• Drug Lab Errors: Drug testing can sometimes result in errors. If the testing of the drug evidence was mishandled or improperly conducted, it could be grounds for challenging the prosecution’s case.

What to Do After a Drug Arrest

If you've been arrested for a drug-related offense, it’s important to take the right steps immediately. Contacting a skilled criminal defense lawyer in Texas as soon as possible can make all the difference. Your attorney will help you understand your rights, evaluate the evidence against you, and begin building a strong defense strategy tailored to your case.

BRCK Fights to Win Drug Cases

At BRCK Criminal Defense Attorneys, we understand the stress and uncertainty that come with facing drug charges. Our team of experienced attorneys is committed to providing top-notch legal representation to help you achieve the best possible outcome in your case. We focus on building strong, effective drug charge defenses and are dedicated to supporting you every step of the way.

We know how to navigate the complexities of drug charge cases and will work tirelessly to protect your rights. With over 50 years of combined experience and a track record of success, our team has the knowledge and skills to give you the best chance at a positive resolution.

Reach out to request a free, no-obligation consultation today! Our team is here to discuss your case and guide you through the legal process. Don’t face your drug charges alone – let BRCK Criminal Defense Attorneys help you fight for your future.

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