Are there any defenses for drug possession?
If you’re charged with a drug offense in the state of Texas, it’s very important that you hire a criminal defense lawyer who has a lot of experience in handling drug offenses. When you meet with a lawyer, they’re going to want to know how the officer found or located the drugs in question, and how the stop or detention was made. Were the drugs found in a car? Were they found in a house? Were they found on your person? All those things need to be developed. Very often after meeting with a lawyer, the lawyer will already be forming a defense or forming how that case is going to be fought. Very often after I meet with somebody, I will find out where the drugs were found. Were they found on the person? Were they found in a car? Were they found in a house? I will have some idea whether it was done through an informant, through a routine traffic stop where the officer allegedly smelled marijuana, or if the officer saw a drug transaction. In nearly all cases, a motion to suppress has to be considered.
A motion to suppress is a hearing before the court that usually lasts half a day to one day. If you’re successful in that motion to suppress, the offense gets thrown out and you can get the case expunged. Sometimes by filing a motion to suppress, just in the filing of it, the prosecutor will reduce the charge or reduce the plea bargain, and that’s just something that you need to discuss with a lawyer. Is is best to go all the way through the motion, or is it best to take the plea bargain as reduced?
A lot of times in drug offenses, the level of offense is determined by the quantity of drugs, whether it’s ounces for marijuana or grams for other types of drugs like cocaine. Quite often, if you go in and talk to the prosecutor and you have some potential defenses, they’ll be willing to reduce the quantity of drugs to reduce the offense level. In some cases you are even offered a type of plea where you can get the case, in some cases, sealed or expunged. It’s very important to hire somebody that is experienced in this area of the law.
Were you or a loved one accused of a serious crime and have questions about drug possession defense? Contact a San Antonio child pornography lawyer at Rush & Gransee today for a consultation on your case and all of your potential defenses. Let our experience work for you.