Can Your Drug Case Be Dismissed? Understanding Your Rights

Drug possession charges can be intimidating, but you might have legal defenses that could get your case dismissed. Many drug cases hinge on whether law enforcement followed proper procedures when searching or arresting someone. If your Fourth Amendment rights were violated, the evidence against you may be thrown out.

BRCK Criminal Defense Attorneys has handled countless drug cases in Texas, helping clients fight back against unlawful searches and unfair charges. Here’s what you need to know if you or someone you know is facing a drug-related arrest.

What Are Your Fourth Amendment Rights in a Drug Case?

The Fourth Amendment of the U.S. Constitution protects you from unlawful searches and seizures. This means that police officers must have probable cause or a valid warrant to search you, your vehicle, or your home. If they don’t, anything they find could be inadmissible in court.

In drug cases, a common defense is challenging the legality of the stop or search. If the police acted unlawfully, the court may suppress the evidence, meaning it cannot be used against you. Without that evidence, prosecutors often have no case.

This protection applies whether you are walking down the street, sitting in your car, or even in your own home. However, police often stretch the limits of the law. That’s why it’s crucial to have a defense attorney review your case to determine if any violations occurred.

How Can an Illegal Traffic Stop Lead to a Dismissal?

Imagine you're driving on the highway when an officer pulls you over, claiming you didn’t use your turn signal. If that’s untrue, and dashcam footage proves otherwise, the entire stop was illegal.

We recently handled a case where this exact scenario played out. Our client was pulled over for an alleged failure to signal, but video evidence clearly showed they used their blinker. Because the stop itself was unlawful, we were able to file a motion to suppress. The judge agreed, and the drug charges against our client were dismissed.

No matter what the police claim to have found on you, if their initial reason for stopping you was invalid, your case might not hold up in court. This is because everything that follows an illegal stop is considered "fruit of the poisonous tree," meaning that any evidence collected as a result of the illegal stop cannot be used against you.

What Happens When You’re Arrested for Drug Possession?

Getting arrested for drug possession is never a pleasant experience. The process typically follows these steps:

• You’ll be handcuffed and Mirandized (read your rights).
• You’ll be taken to the local police station for booking.
• Your mugshot and fingerprints will be recorded.
• You’ll see a magistrate judge who will set your bond.

Depending on the county and the judge's availability, this process can take hours or even days. The length of time you spend in jail before being released often depends on how quickly you can post bail.

After being released, it’s crucial to contact a criminal defense attorney as soon as possible. Drug cases can take time to move through the system because prosecutors must confirm the substances in a lab before moving forward. In some cases, delays in testing or mishandling of evidence can work in your favor.

How Texas Treats Possession vs. Intent to Distribute

Texas law makes a sharp distinction between simple possession and intent to distribute. The penalties for intent to distribute are much harsher. Prosecutors and police use several factors to determine whether to elevate a charge from possession to distribution, including:

• Large amounts of cash
• Small baggies or packaging materials
• The presence of a firearm
• The quantity of drugs found

If any of these factors apply, the state may try to push for a more severe charge. Having a distribution conviction on your record can impact future employment, housing, and even educational opportunities.

We frequently see cases where a simple possession charge is unjustly elevated to an intent-to-distribute charge based on circumstantial evidence. For example, if someone has a small amount of marijuana and happens to have cash in their wallet, the police may argue that they were planning to sell drugs. A strong defense attorney can challenge these claims and work to get the charges reduced or dismissed.

Common Defenses in Drug Possession Cases

Several legal strategies can be used to defend against drug possession charges, including:

• Illegal search and seizure: If law enforcement violated your Fourth Amendment rights, the case may be dismissed.
• Lack of possession: Just because drugs were near you does not mean they were yours.
• Mistaken identity: In some cases, law enforcement officers arrest the wrong person.
• Lab errors: Prosecutors must prove the substance is illegal, and mistakes in testing can lead to wrongful charges.
• Entrapment: If an undercover officer pressured you into committing a crime you wouldn’t have otherwise committed, you may have a defense.

Why You Should Contact a Criminal Defense Attorney Immediately

If you’ve been arrested for drug possession, the best thing you can do is act fast. A criminal conviction can follow you for life, but legal strategies may help get your case dismissed or reduced.

At BRCK Criminal Defense Attorneys, we examine every angle of your case, including:

• Whether the traffic stop was legal
• If the police had probable cause to search you
• If your Fourth Amendment rights were violated
• Whether evidence was mishandled

Many cases have been dismissed because of improper police conduct. Don't assume you're out of options—talk to a defense attorney who knows how to fight back.

What Are the Consequences of a Drug Conviction?

Even a misdemeanor drug conviction can have long-term consequences. These may include:

• Difficulty finding employment
• Losing eligibility for financial aid
• Problems with child custody
• Increased insurance rates
• A permanent criminal record

Because of these serious consequences, it is critical to fight your charges aggressively. Whether that means getting the case dismissed or negotiating for a lesser charge, having an experienced attorney on your side can make all the difference.

Need Legal Help? Contact BRCK Criminal Defense Attorneys Today

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