Charged With A Drug Crime?

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Drug-Crimes-Defense-Houston Charged in State court with a drug crime, either possession or delivery?  You need an experienced criminal defense lawyer to fight the charges against you. In Texas, you could be charged with a felony or misdemeanor charge depending on the type and amount of drugs the police say you have.

Unlawful possession of small amounts of marijuana and prescription drugs are usually misdemeanors but can be felonies in larger quantities. Possession of other drugs, like cocaine, heroin, methamphetamines, and ecstasy (MDMA), are felonies in any amount. A State felony charge for drugs can range from 180 days to LIFE in prison.  The charge also carries a fine of up to $100,000 depending on the type and weight of the drugs involved. Smaller and mid-level cases are investigated by local police departments, sheriffs’ offices and the Texas Department of Public Safety (DPS).  These cases usually result in charges filed in State court and prosecuted by the DA’s Office.

Cases of Larger Amounts of Narcotics are Prosecuted in Federal Court

Cases of larger amounts of narcotics (25 kilos or more) are investigated by the DEA or the FBI.  They will usually be prosecuted in Federal court by the United States Attorney’s Office. Drug cases can also come along with accusations of money laundering, tampering with physical evidence, and civil lawsuits.  The government will try to take your money or property simply because you are accused of being involved with drugs. If you are charged with a drug crime in Texas state or federal court, you may have several remedies to defend yourself against the charges:

  • First, the prosecutor must prove that the substance he says you possessed is actually an illegal drug. There are substances found on the street and even sold in stores, that are not illegal to possess.
  • Second, the prosecutor must prove that you actually intentionally and knowingly possessed the drugs. The state has the burden to show the judge or jury that you knew that you had drugs under your care, custody, or control.
  • Third, the officer or agent who arrested you and found the drugs is required to follow a very strict set of rules. If the State violated your rights (possible link to more info), even if you were guilty, they cannot use any of the evidence against you in court.

Your Lawyer Must Understand the Laws Governing Search Warrants

Many drug charges involve a search warrant, arrest warrant, or both.  An experienced criminal defense lawyer should have extensive knowledge in these areas.   Sometimes the police do not follow the proper procedures while investigating or arresting an accused for a crime. If the police did not follow the law and violated your Constitutional or statutory rights, David can represent you in a Motion to Suppress the Evidence Hearing. The result could be that the judge throws out all of the evidence against you, leaving the State with no case. Even if the judge decides not to suppress the evidence, the jury may be entitled to find you NOT GUILTY if they believe the police violated your rights.

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