What Should I Do if I am Arrested for Drug Possession in Texas?
Don’t panic; let a lawyer handle it.
Getting out of jail is usually the first order of business if you were arrested for drug possession in Texas. Since drug possession is a nonviolent crime, at least in most cases, a full range of jail release options, including pretrial release, are usually available. Pretrial release, or own recognizance (OR) release, allows defendants to go free before trial if they abide by certain conditions.
Once you’re out of jail, partner with a Fort Worth criminal defense lawyer. A private lawyer is a much better option than a court-appointed lawyer or a public defender, mostly because of the preparation advantage. A private Fort Worth criminal defense lawyer begins working for you immediately. Court-appointed lawyers start work on the first court date. The extra preparation time often is the difference between a good and a bad result.
Drug Possession Defenses in Court
Prompt jail release is important because attorneys need plenty of time to prepare drug possession defenses. These cases are surprisingly complex.
Physical evidence is usually inadmissible unless officers have a valid search warrant or a narrow search warrant exception applies.
Police officers rarely have search warrants in drug possession cases. Events transpire too quickly to bother with paperwork. Usually, officers pull over a motorist and find drugs, or they break up a loud party and find drugs.
Several search warrant exceptions could apply in such situations, but these exceptions don’t automatically apply. They include:
- Consent: Most people assent to searches. They open the front door for police officers or comply with “empty your pockets” commands. Consent, which is a voluntary and affirmative response to a specific request, is different.
- Exigent Circumstances: If officers reasonably believe someone may be in trouble, perhaps because they received a disturbance call, they may enter a dwelling and conduct a safety sweep. They may not look in closets or unattached buildings, like tool sheds. They certainly cannot open closed containers, like kitchen drawers.
- Plain View: If officers see drugs or other contraband in plain view, they don’t need warrants to seize it. This exception only applies if the traffic stop or other law enforcement contact was legal.
The “prove it was illegal” requirement is likewise difficult to establish, especially in POM (possession of marijuana) cases.
Illegal marijuana has the same physical characteristics as legal hemp. Both substances look alike, smell alike, and so on. Unless the state produces reliable THC content test results, the judge may throw the case out of court.
Additionally, criminal possession has three elements (close proximity, exclusive control, and actual knowledge). The state must prove all three sub-elements beyond a reasonable doubt.
What Happens Next
Usually, a Fort Worth criminal defense lawyer leverages the above defenses during pretrial settlement negotiations. The defense doesn’t have to be strong enough to “beat” the charges. It must only be strong enough to create a reasonable doubt.
Even weak defenses usually convince prosecutors to reduce the sentence, perhaps from jail time to probation. Strong defenses usually convince them to reduce the charges, perhaps from drug possession to reckless conduct. RC is a misdemeanor like drug possession, but RC’s collateral effects are much lower.
Additionally, expungement, sealing, or other similar relief is usually available in drug possession cases. These things do not just reduce the collateral effects of a conviction. In many cases, they erase those effects altogether.
Go with a Tough-Minded Tarrant County Attorney
Several effective defenses are available in drug possession cases. For a confidential consultation with an experienced criminal law attorney in Fort Worth, contact the Law Office of Kyle Whitaker. The sooner you reach out to us, the sooner we start working for you.