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New Braunfels Drug Lawyer

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Texas and the United States government have enacted strict drug laws.

For example, possessing a small amount of cocaine intended for personal use is a felony. Despite their minor role, a courier in a drug transaction may face a ten-year minimum sentence in prison.

I Can Help

Contact me for a free case review if you are charged with a drug crime in Comal County or other Central Texas counties such as Hays County, Guadalupe County, Travis County, or Bexar County.

Unreasonable Search & Seizures

Every drug defense must start with a Fourth Amendment evaluation. The Fourth Amendment to the United States Constitution protects us from unreasonable searches and seizures.

This protection means a police officer must have a constitutionally valid reason to stop, detain and search you. Suppose the police officer makes an illegal stop or search of you. In that case, the judge can exclude any evidence the police seized from the trial. The State may dismiss your case if the prosecutor cannot use the evidence against you.

For example, an officer cannot just detain you and search you. An officer cannot just pull your car over and search your vehicle without an acceptable reason. These issues often arise in drug cases and provide a defense to your charge.

As part of my defense of drug charges, I always consider:

  • How the officer came into contact with you
  • How long the officer detained you
  • What legal reason the officer had to search you, your car, or your home
  • The search warrant, if any
  • If it was a search incident to arrest if the arrest was valid

Every drug charge defense should start with an analysis of the search and seizure issues.

Drug Crimes Defense – Links to the Drugs

To convict someone of drug possession, the State must link the defendant to the contraband; the State must produce some evidence showing that the accused knew of and exercised control over the drugs.

For example, it is not enough for the State to show that the accused was in a location where the police found the drugs. Or there may be an issue if the police found the drugs in a home or car to which other people have access.

Drug Crimes Defense – Quantity

Sometimes the amount of drugs found is so little that the State dismisses the case. For example, a marijuana case must have a “usable quantity.”

In a cocaine case, if the amount cannot be seen or measured, it may not be enough to sustain a conviction.

Alternative Treatment for Drug Charges

It is often helpful if the accused seeks treatment in a personal use case. By enrolling in an outpatient program, attending Narcotics Anonymous meetings, and meeting with an addiction therapist, there is a chance that the effort may mitigate a punishment. Providing clean drug tests to the prosecutor can show signs of progress and a serious attitude to beating addiction.

This course of action often helps people with addictions who are new to the criminal justice system. It may result in a mitigation of punishment. For example, the prosecutor could reduce a felony to a misdemeanor.

I Can Help

Contact me for a free case review if you are charged with a drug crime in Comal County or other Central Texas counties such as Hays County, Guadalupe County, Travis County, or Bexar County.

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