Facing a drug possession charge is frightening, especially when you don’t know about your available defenses. When it comes to an effective defense against a drug possession charge, you should first understand your rights and research different options that could work in your favor.
The Elements of a Drug Possession Charge
To secure a conviction, the prosecution must:
- Prove that the accused was aware that they had control over an unlawful substance
- Know exactly which drug was in the offender’s possession
- Prove the accused actually had physical possession or control of the drug when apprehended.
Some states may separate a person’s personal use of drugs from delivery or distribution. They will charge and penalize each offense differently.
Drug Possession Penalties in Texas
Depending on the circumstances, the accused may face up to 2 years in prison and fines of up to $10,000.
Defenses
Lack of Possession
You may be able to argue that the drugs do not belong to you. For instance, imagine you are in a car with several friends, and the police find drugs in the glove compartment. They may not have any evidence that directly connects you to those drugs.
Unwitting Possession
You could prove that you were unaware of a controlled substance’s presence. Perhaps you borrowed an article of clothing from a friend, not knowing that they had stashed drugs in one of the pockets.
The Substance Was Not Illegal
You may be able to prove that the drugs in question were misidentified, or you were using them for medicinal purposes.
Improper Police Procedure
Tell your attorney every detail of your search and subsequent arrest. If the police broke protocol, your charges could be thrown out.
Examples of Poor Incorrect Police Procedure
- Entrapment
- Unnecessary force
- Forcing a confession
- Failing to properly read Miranda rights
- Going outside the boundaries of a warrant
Lack of Evidence
Quite simply, if you did not commit a crime, the evidence may speak for itself. You may have an alibi, or you could have witness statements. Perhaps the police jumped to conclusions, and they cannot directly connect you to the drugs.
Statements That Can Be Excluded from a Drug Possession Trial
Remember, the suspect is accused of having drugs, not of doing them. In a drug possession case, the court should not allow any statements about the suspect’s alleged drug use. The prosecution must prove that the suspect owned the drugs and nothing else.
Alternatives to Jail Time in a Drug Possession Conviction
A plea bargain essentially allows someone to plead guilty in exchange for certain benefits. For instance, the crime could be dropped to a lower charge or penalties could be reduced.
Alternatives to jail time also include court-mandated community service, classes on addiction or drug use, or rehabilitation programs. If you fail to complete the court’s programs, however, it could reinstate the charges.
If you need help defending against drug possession allegations, trust the team at Law Office of Mark M. Childress. We can offer you a free consultation, so contact us online today or call our office at (817) 497-8148.