An arrest for a drug crime in Texas may be targeted by prosecutors from the state of Texas in addition to the Federal government depending on the specific circumstances of the alleged crime. If state lines were crossed with the drugs, then any arrests associated with those drugs will be applicable to federal penalties since interstate commerce is applicable. The penalties vary according to several factors, including the quantity and type of drugs involved in the act, as well as whether you are accused of possession for your own use, possession with the purpose/intent to distribute, or the sale of illegal substances to others. All of these drug crimes are aggressively prosecuted and taken very seriously.
If you are charged with possession of drugs, either for personal use or with intent to sell, an experienced criminal defense attorney can determine which defenses might apply to your case in addition to whether your case should be resolved through a plea bargain, a suppression hearing, or a jury trial. If there are any violations of the Fourth Amendment to the U.S. Constitution, then there may be valid grounds to file a motion to suppress the drugs and conduct a suppression hearing. If the search and seizure of the drugs was legitimate, but if there is some question as to which co-defendant possessed the drugs or a question regarding knowledge, intent, purpose, factual and evidentiary discrepancies, etc., a trial may be proper.
Most of the defenses to drug crimes challenge the validity of the facts used against the accused, the validity and credibility of the testimony or evidence against the accused, procedural errors, and search and seizure violations. Some additional common defenses to drug possession charges include are not limited to: proof of possession, accuracy of drug analysis by a chemist/lab, missing drugs from evidence locker/lack of possession of drugs by state, inaccurate quantity or trace amounts of drugs that cannot be accurately tested due to an insufficient quantity, planted drugs, and entrapment. A successful defense against drug charges often depends on attacking the evidence in the case. The Law Office of Abby Allford, PLLC has a deep understanding of the laws surrounding this type of crime can work with you to investigate the circumstances of your arrest and discover whether your rights may have been violated in the process.
Contact me at 512-212-6168 for a free consultation for your drug case.