Drug possession charges are serious and defensible.
Public attitudes about drug possession, especially marijuana possession, have changed in recent years. Many people now believe drug use is a health and safety issue, not a criminal law issue. However, law enforcement authorities still aggressively enforce drug possession laws, especially in North Texas. In fact, simple possession cases account for more than 80% of the drug crime arrests in Tarrant County.
All these drug possession arrests do not hold up in court, because several defenses are available. A Ft. Worth criminal defense lawyer from the Law Office of Kyle Whitaker optimizes these defenses at trial, or more likely during pretrial settlement negotiations, to obtain the best possible result under the circumstances. This result could be a complete dismissal of charges, a plea to a lesser included offense, or a not guilty verdict at trial.
Consequences of Drug Possession
Like many other criminal offenses in Texas, drug possession convictions have significant direct and indirect consequences.
The direct consequences vary, mostly depending on the type and amount of substance. Some drug possession offenses, such as possession of marijuana, are normally misdemeanors.
Other infractions, such as possession of a Schedule I substance (drug with a high potential for abuse and no medicinal qualities) like heroin, cocaine, or LSD, are serious felonies that often carry mandatory prison time.
Courts sentence many drug possession offenders to probation, especially for a first offense. Court supervision in these cases is unusually long and restrictive. Common conditions of probation include mandatory meetings with supervision officers, random drug tests, and substance abuse addition evaluations. Even a minor technical probation violation could lead to probation revocation.
Indirect drug possession cases usually include immigration effects, employment effects, and the social stigma that often accompanies drug possession offenses. This stigma is especially strong in the minds of certain people.
Elements of Drug Possession
Most drug possession cases have three basic elements. Most drug possession cases also have three basic defenses.
First, the state must produce the substance in court. Physical evidence is only admissible if police officers had a valid search warrant or a narrow search warrant exception applied.
A valid warrant is based on probable cause, includes an officer’s oath, is narrowly tailored, and is issued by a neutral magistrate. Frequently, the “probable cause” is the uncorroborated word of a paid informer. Many people will say nearly anything for love (leniency in another matter) or money (a cash payment).
Search warrant exceptions, which prosecutors must establish in court, include plain view, owner consent, and pat-down searches.
Second, prosecutors must prove the substance was illegal. Non-scientific “field tests” are insufficient. The law requires scientific proof that the substance is, in fact, what the state purports it to be.
Marijuana is a good example. Illegal marijuana is physically indistinguishable from legal hemp. Only a scientific THC content test conclusively establishes the difference between these two substances.
Third, the state must prove all three elements of criminal possession (close proximity, actual knowledge, and exclusive control).
Under this definition, a defendant could literally be sitting on drugs and not possess them. If Bob didn’t know that drugs were underneath his seat, perhaps because he was at a house party with people he didn’t know well, a Ft. Worth criminal defense lawyer can successfully argue the state didn’t meet the actual knowledge requirement.
Count on a Detail-Oriented Tarrant County Attorney
Drug possession convictions are difficult to obtain and have serious consequences. 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. We routinely handle these matters throughout North Texas.