Article provided by: Cole Paschall Law
Generally, drugs are used to alleviate pains or curb one illness or the other. However, illegal drugs such as marijuana, cocaine, heroin, and the likes, are banned in some US parts. Marijuana, for instance, is illegal in Texas. Any unlawful drug possession, therefore in Texas, is a crime.
A crime is either an act or an omission deemed offensive under any written law and capable of attracting state sanctions. However, one can still plead not guilty if charged with a drug possession crime. The question is, how can this be done?
HOW TO FILE AGAINST DRUG POSSESSION CHARGES
This guideline for filing against illegal drug possession charges in Texas isn’t meant for deviant. However, it’s for those arrested for possessing illicit drugs, yet innocent of the charges.
If you’ve ever been charged for illegal drug possession in Texas, here are some helpful tips to successfully file against your charge of unlawful drug possession.
Although defending a person charged with drug possession often proves difficult, it is achievable when you involve expert attorneys no matter the drug’s ounce.
The first step is to sincerely open up to your defense attorney about the entire incident, leading to your arrest. Make sure you leave no information to yourself. This is because an expert attorney who has complete knowledge of the state and federal drug-related crime laws and many years of experience handling similar cases will most likely know the best way out of the charge filed against you.
The defense attorney may succeed in winning you an acquittal or make the court lenient on you by giving you lesser penalties after a cleverly exploiting plea bargain. This doesn’t mean illegal drug possession in Texas has no lifelong consequences. The involvement of a drug possession lawyer in Fort Worth will bag you lesser jail terms.
Illegal drug possession is a crime against the state. For you to be prosecuted and sentenced to jail terms, the prosecutor must successfully prove his charges against you beyond a reasonable doubt. The law knows the consequences it has attached to drug possession offense and places a huge responsibility on the prosecutor to prove you guilty.
Criminal prosecution goes through two tests, both of which must tally, and they are; the test of the act in itself and the willful intention to commit the act. The prosecutor must be successful in proving these two tests. The prosecutor must prove to the court that you committed the act and you had the intention of committing it. To paraphrase the Texas Controlled Substance Act, the prosecutor must prove that you had an illegal drug in your possession and you had control and dominion over them. Your defense attorney could raise the defense that you had no control over the drugs, thereby quashing an essential offense element.
Also, a professional drug possession attorney can gift you a lifeline by punctuating your arrest procedure. This is because an arrest has a protocol it must follow, and if your attorney discovers any breach of protocol whatsoever, your defense becomes easier. These breaches may include unlawful search and seizure of the illegal substance, violation of your Miranda rights, the inability of the prosecutor to provide crime laboratory analysis, and in fact, missing evidence. Your clever defense attorney may also claim that the drugs were a trap as you were not aware of their existence until the law enforcement officers discovered them.
HOW WE CAN BE OF HELP TO YOU
We understand that drug possession convictions attract harsh penalties in Texas; we are here to help you win your case by assigning you with a foremost drug possession attorney in Fort Worth. We know that convictions have damning consequences like exorbitant fines, improvement, a damaged reputation, which may prevent future employment, and much more.
Cole Paschal Law has been around for over five decades, and with a track record of having won over 3000 cases, we are the tireless criminal defense firm in Fort Worth, Texas. One of our positives is a free preliminary consultation where we get to hear your case and proffer the ideal next steps required to make a robust defense for you.
With our many years of criminal defense in Texas, we know that each case is a stand-alone, no matter the similarities in its facts other cases; hence, we only offer a defense favorable to your peculiar case. We do this with the understanding that getting you an acquittal is the swiftest way to spread our good name in the whole of Texas.
In case you have any criminal issues, contact Cole Paschall Law for a free consultation: 8174774100.