Someone who has been charged with a drug crime in Texas must understand the seriousness of the situation. The state imposes harsh penalties on convicted drug offenders, so having a criminal defense lawyer for legal representation is critical.
A defense attorney works hard to have the charges dropped or reduced, or the case dismissed. There are various strategies that can be used in this effort. It may be possible to show that law enforcement officials did not have just cause to search the person’s car or apartment. There may have been some irregularity in the chain of custody of evidence. The lawyer may be able to show that all evidence against this person is circumstantial, which would likely mean the prosecution could not prove its case in court.
There is also the matter of a legal aspect known as constructive drug possession, in which everyone in a certain locale may be charged with this crime. For instance, if a vehicle owner is driving a car with three passengers, a police officer may arrest all four individuals if he or she finds illegal drugs in the glove box. Often, it’s the owner of the vehicle who is now in the most risky situation, as the prosecution may assume that this person owned or at least knew about the unlawful substances. However, an attorney can show that the presence of controlled substances in the glove box is not evidence that the vehicle owner had possession of the drugs or knew they were there. Someone else could easily have stuck the container inside when the driver was out of the car.
If the vehicle owner was the only one in the car when the drugs were found, the situation may be more difficult. Nevertheless, a lawyer may be able to undermine the prosecution’s case with factors such as the person frequently having passengers in the vehicle, lending the vehicle to friends or relatives, or commonly leaving the vehicle unlocked on the street or in parking lots.
If you have been charged with possession of a controlled substance, please contact Vinas & Graham, the experienced Houston attorneys.
