Common Defenses to Texas Drug Possession Charges

The right defense can make all the difference to the outcome of a criminal case. For instance, proof that police officers violated a defendant’s Fourth Amendment right by conducting an illegal search and seizure could result in the suppression of the evidence obtained during that search and even to the dismissal of the charges. Read on to learn more about the kinds of arguments that can be used to build your own defense.

Illegal Searches and Seizures  

Some of the strongest pieces of evidence that the state can bring against a defendant who has been accused of drug possession are the drugs themselves. Without this evidence, prosecutors may not even have a case at all, which is why being able to prove that the evidence is inadmissible is so important to a defense. Defense attorneys are often able to achieve this by proving that law enforcement violated a defendant’s Fourth Amendment protection against unreasonable searches and seizures by failing to obtain a search warrant. Officers often claim exceptions to this rule, but an experienced defense attorney can combat these tactics with evidence of their own. Under state law, evidence obtained as a result of an illegal search can be excluded in court and without this evidence, prosecutors may be forced to dismiss a defendant’s charges.

Chain of Custody Violations 

There are also rules that law enforcement officers must follow when they collect evidence at the scene of a crime. These are known as chain of custody rules and they dictate how evidence must be collected, stored, and eventually transferred from the scene to the station. This ensures that the evidence isn’t damaged or altered in any way and that it is always in the custody of the proper authorities for testing and storage. When officers don’t keep appropriate records or otherwise mishandle evidence, this can be used to have the contaminated evidence thrown out of court.

Misconduct During Police Interrogations  

Another method of defeating unfair drug possession charges is to prove that the police engaged in misconduct when interviewing the defendant or another witness. For instance, officers must respect a person’s Fifth Amendment rights, which means that they must inform an arrestee of his or her right to a defense before starting questioning. There are also rules in place for how long interrogations can last and the kinds of tactics that officers can use to obtain confessions. They cannot, for instance, use threats to convince a person to confess to a crime. Any confessions obtained in violation of these rights can be excluded as evidence.

Schedule a Consultation Today  

The evidence used against defendants accused of drug possession crimes can often be challenged. An experienced attorney can identify problems in your own case and ensure that the state isn’t using improperly obtained evidence against you. If you or a loved one have been charged with a drug possession offense and you have concerns about how the evidence in your case was obtained, please call the skilled San Marcos and Hays County, Texas drug possession lawyers at The Law Offices of David C. Hardaway today. You can schedule a consultation with us by calling 512-805-6613 or by completing one of our online contact forms.

Source:

statutes.capitol.texas.gov/docs/cr/htm/cr.38.htm