Drug possession is a charge that can have serious consequences, including jail time, hefty fines, and a criminal record.
It’s important to understand what constitutes drug possession and what charges you’re facing. If you’re convicted, there may be lifelong repercussions for you, your family, and anybody you’re associated with. If you have been accused of this crime, you need to know how to beat a possession charge in Texas.
That’s where the lawyers at Hoeller McLaughlin PLLC can help. Reach out for guidance on beating a drug possession charge in Texas.
Steps to Beat Your Possession Charges
If you are facing a possession charge, you need to hire an experienced defense lawyer as soon as possible. In some cases, such as those for first-time offenders, you may have grounds to have your charges reduced, but your lawyer may instead be able to get your charges dropped. There are several steps you can take to beat a drug possession charge, but it takes a skilled attorney to implement them.
Here are some of the steps you and your lawyer can take to beat your possession charges.
Contest the Search
There are many ways to contest a search. When police conduct an illegal search and seizure, you may have been unlawfully arrested or unlawfully detained.
If the police arrest you without probable cause or detain you without reasonable suspicion, both required elements under the Fourth Amendment, then any evidence obtained during that unlawful arrest or detention cannot be used against you in court.
Your lawyer can help you challenge these arrests and detentions by filing motions with the court or asking for a dismissal of charges at trial.
Challenge the Officer’s Testimony
Another strategy is to attack the credibility of the officer who made the arrest or found the drugs. This can include questioning whether they had reasonable suspicion to stop you, whether they followed proper procedures, or if they have made similar mistakes in other cases prior to yours.
If there are prior instances where the officer has been caught lying or exaggerating during testimony, those can be used against him or her in court as well. Your lawyer has the tools and resources to get the evidence you need for your case.
Evidence collection can also help you beat a possession charge. In most cases, it won’t be enough for your attorney just to attack an officer’s credibility. You’ll instead need evidence as part of your case.
For example, if your lawyer can show that officers didn’t follow proper protocol when searching you for weapons after stopping you on suspicion of drug possession, your case can be thrown out.
Your lawyer can also question whether the results of the tests administered were accurate. To do this, they may get expert testimony from an expert who can testify about what factors could have influenced the results of your test. This may involve questioning the police officer who administered the test or examining their training records.
The attorney may also ask for access to evidence like the officer’s notes from when he performed the test or any data from his personal breathalyzer machine, which is usually required by law.
Show Evidence of Entrapment
In certain cases, you may have been a victim of entrapment, and your lawyer may build your case around this detail. The first step in any entrapment defense is to show that the police engaged in some form of illegal conduct. The most common examples include the following:
- Police Misconduct – This includes lying to suspects, threatening suspects, or using other coercive tactics. If the police didn’t conduct themselves professionally, you may have grounds for a defense.
- Illegal Searches and Seizures – Entrapment defenses also often rely on evidence that police conducted an illegal search or seizure before arresting you. If they failed to take the right steps, that evidence may be illegally obtained.
- Consent Issues – Entrapment defenses often rely on issues surrounding consent to search you or consent to commit a crime. For example, if you were forced into possessing the drugs or you didn’t know about them, you may not have willingly committed a crime.
- Coercion and Threats – Entrapment defenses can rely on evidence that the cops coerced or threatened you into committing an offense. If you wouldn’t have otherwise committed the crime, your lawyer may build an entrapment defense for you.
In addition to showing that the cops violated one of these rules, your lawyer must also show that they did so with actual intent to induce you into committing the offense.
Seek a Possession Lawyer in Texas
There are countless methods a lawyer can use to mount a defense. At Hoeller McLaughlin PLLC, we can build your case using some of the methods listed above or use any other number of tactics that have proven successful with other clients in the past.
To find out more about how to beat a possession charge in Texas and get a consultation with a lawyer, reach out to us. Give us a call at 817-334-7900 or fill out our online contact form below.