Do I Need a Lawyer for a First-Time Drug Possession or DWI Offense in Texas?

Criminal offenders, even first-time offenders, need criminal lawyers.

Frequently, when people see “first-time offense,” they think “slap on the wrist.” But punishments for these crimes are much more severe than that, especially for first-time drug possession or DWI. Both these offenses are misdemeanors, at least in most cases. However, the direct punishments include high fines, possible jail time, and extended court supervision. Furthermore, these infractions have significant collateral consequences that, in many cases, are worse than the direct penalties.

Only a Ft Worth criminal defense attorney minimizes or eliminates these harsh consequences. But not just any lawyer can successfully resolve complex criminal matters. A lawyer must be experienced in criminal law. Furthermore, a Ft Worth criminal defense lawyer must be dedicated to upholding individual rights and reasonably available to their clients. Sometimes, a court-appointed lawyer or public defender fits the bill. But that’s not always the case. A partnership with a private lawyer is the best way to ensure the best possible outcome.

Drug Possession

Like many other crimes, drug possession cases usually involve procedural, substantive, and/or affirmative defenses.

Procedural defenses include Fourth and Fifth Amendment violations. Police officers cannot seize drugs or other contraband unless they have a valid search warrant or a narrow search warrant exception, like plain view, applies. Police officers violate the Fifth Amendment when they fail to properly apprise defendants of their rights before custodial interrogation begins.

Incidentally, the Fifth Amendment is broader than many people believe it is. This constitutional provision not only protects a person’s right to keep his/her mouth closed. It also protects the right to refuse to perform field sobriety tests or appear in lineups.

In criminal court, drug possession is more than “having” drugs. Prosecutors must prove three elements beyond a reasonable doubt:

• Close Proximity: The “having drugs” element is straightforward in most cases. For example, in a vehicle possession case, any item in the passenger area is closely proximate to any person in the passenger area.
• Actual Knowledge: The defendant could literally be sitting on a stash of drugs and not possess those drugs according to Texas criminal law. Prosecutors must establish specific knowledge. John must know that heroin was under the seat, not that “something illegal” was under the seat.
• Exclusive Control: Actual knowledge isn’t enough. The state must also establish exclusive control. This element is very difficult to establish in many cases, such as a house party full of people.

Affirmative defenses in drug possession cases include ignorance of fact, (I didn’t know that baggie contained drugs) and coercion.

DWI

A Ft Worth criminal defense lawyer quickly identifies similar defenses in DWI cases. Then, a lawyer leverages these defenses at trial or, more likely, during plea negotiations.

We discussed procedural defenses above. Officers violate the Fourth Amendment if they detain motorists without reasonable suspicion of criminal activity. They violate the Fifth Amendment when they question drivers at the scene without informing them of their constitutional rights.

Substantively, the state must basically prove intoxication and driving. A chemical test is the best evidence of intoxication. Without such evidence, prosecutors must rely on weak circumstantial evidence, like poor performance on the walk-and-turn test. Texas law broadly defines “driving” to include operating a motor vehicle. Tim is driving a car if he is passed out behind the wheel and he has the keys.

Affirmative defenses are often unavailable in DWI cases. This offense is a regulatory infraction that does not have an intent element. The coercion defense may apply in a few cases.

Work With a Dedicated Tarrant County Attorney

Criminal cases, even first-time criminal cases, require criminal lawyers. For a confidential consultation with an experienced criminal defense lawyer in Ft Worth, contact the Law Office of Kyle Whitaker by calling 817-332-7703 or going online now. Convenient payment plans are available.