Attorneys at Vinas & Graham, PLLC know that the first question defendants with drug charges often ask is whether or not they can get out of the charges they are facing. The answer is that each case is different, and it depends on the unique facts and circumstances in every case. It is important to remember that being charged with a drug crime does not necessarily mean you will be convicted.
Criminal charges can be dismissed by the court, reduced in plea deals, and dropped by prosecutors for a variety of reasons. Juries can also find defendants not guilty after a drug crime is fully prosecuted at trial. Keep reading to learn more about how to protect yourself against drug crime charges.
Competent And Experienced Legal Representation
The best way to fight drug charges is to hire an experienced attorney to represent you. Drug charges are serious, and convictions can have lifelong consequences. An attorney will go over your case and carefully review the prosecutor’s evidence against you.
Criminal defense attorneys know the law, and they know what to look for when examining your case. For example, they will recognize issues such as police misconduct or evidence errors that may help your defense.
Constitutional Violations
Law enforcement officers do not have unlimited authority, and they are required to respect your constitutional rights. If they conducted an illegal search and seizure violating your 4th Amendment rights, drugs and other evidence that the prosecution wants to use against you might be thrown out by the judge in your case.
Another frequent violation involves your 5th Amendment rights. If you were in police custody and law enforcement officers failed to read your Miranda warnings before your interrogation, any admissions you made may be thrown out by the judge for violating your 5th Amendment rights.
Plea Bargaining
Prosecutors that want to avoid the time and risk involved with going to trial are often willing to negotiate with defense attorneys for a guilty plea to reduced charges. In some cases, prosecutors will drop or reduce your charges if you cooperate with the prosecution in another case and testify against another defendant. Depending on your case facts, your attorney may negotiate a deferred adjudication to avoid a trial and potential guilty verdict.
Plead Not Guilty
If you have a solid defense, you may choose to plead not guilty and go to trial. Common defenses to drug charges include the following:
- Lack of knowledge that the drugs were in your possession.
- The drugs belonged to someone else.
- Chain of custody issues or unreliable drug testing results.
- Police entrapment.
Texas Drug Crime Charges Attorney
If you are facing state or federal drug charges in Texas, we can help. Contact a Texas drug crime charges attorney at Vinas & Graham, PLLC, to schedule a free consultation. Call us at 713-229-9992 or reach out to us online, and we will get in touch with you as soon as possible. Follow our Facebook page for more information about drug charges in Texas and other criminal law matters.
