When you find yourself being arrested and charged with possession of drugs, it is extremely important that you immediately call a drug possession lawyer who practices in the Dallas, Austin or Fort Worth area.
The Dallas, Austin and Fort Worth drug defense attorneys of Bobbitt Law Firm have been defending those charged with drug possession, marijuana possession or other drug charges for many years. The state of Texas is notoriously very tough on drug crimes with drug prosecutions in Texas being as common as DUI and DWI cases. Perhaps because of its proximity to the border of Mexico, Texas is a primary location for drug transactions. While local prosecutors generally leave the large-scale drug trafficking cases to be tried in Federal Court, lower level possession charges, distribution cases and drug forfeitures are typically handled by the state of Texas. Our firm also defends Tarrant County, including Arlington and Irving Texas.
Dallas, Austin & Fort Worth, Texas Drug Possession Charges
Most all drug offenses are contained within the Texas Controlled Substances Act and the level of prosecution will depend on the type of drug involved, the amount of drug in possession and what action was taken with the drug (for example, using the drug, selling the drug or manufacturing the drug). Particularly in the areas of possession or possession with intent to distribute, there can be a wide range of penalties. Generally, there are five penalty groups relating to the drug itself. As an example, cocaine is classified as a Penalty Group one drug – the most serious – while certain prescription drugs could be classified as a Penalty Group three. After the type of drug is determined, the amount will be the second issue considered by the prosecution.
If a relative small amount (less than one gram) of cocaine was found, then the penalty—with no prior drug convictions—would likely be between six months and two years in State Jail. Possession of a Penalty One drug in an amount of more than 400 grams, however, could bring a life sentence. Finally, the action taken with the drug will have bearing on the charges and ultimate sentencing should there be a conviction. Charges of simple possession, manufacturing, delivery or possession with intent to deliver are possible and the action, in conjunction with type of drug and amount, will determine the ultimate sentence in the case of a conviction.
Are You Being Charged By the State or Federal Government?
When you are charged under Federal statutes, the penalties are likely to be even harsher than those imposed by the state of Texas. The drug charges could even bring a maximum sentence of life in prison. With so much at stake it is extremely important that you not leave your future to an inexperienced lawyer, particularly one who has no background in defending Federal charges. The federal court system is particularly complex and even unfair at times, depending on a “point system.” While some state and Federal laws do have some overlap, they are not identical; therefore, a Dallas, Austin or Fort Worth law firm such as the Bobbitt Law Firm is crucial when you have been charged with drug crimes, drug possession, marijuana possession or other drug charges. Our firm also defends Tarrant County, including Arlington and Irving Texas.
The Best Dallas, Austin & Fort Worth Drug Defense Attorneys
In many instances, the prosecutor (whether state or federal) may actually have little or no direct evidence and may seek to use completely circumstantial evidence in order to convict you. Generally, there are three prevailing defenses regarding drug cases, however all three are considered “fact-driven.” In other words, a defense which works on one drug case may not apply to another at all.
Search and seizure issues are possibly the most common drug defense applied in drug possession cases. All searches of a person’s car, home or self are presumed to be unconstitutional and the burden of proving there was reasonable suspicion to conduct a lawful search lies squarely on the prosecution. Before an officer may stop or search a vehicle there must be a reasonable belief that drugs are located inside. That reasonable belief could come in the form of a strong odor of marijuana (burnt or fresh) which is the number one reason given for the search of a vehicle. Therefore, anyone is discouraged from traveling with marijuana in the car as a simple traffic stop can result in drug possession charges. Likewise, an individual’s home is protected and in most cases may not be searched without benefit of a valid search warrant.
The next possible drug defenses revolve around possession. Actual possession occurs when drugs are found on the individual while constructive possession refers to an incident where the drugs are merely found near the individual or in an area which is owned by the individual (home or car). A knowledgeable drug possession attorney may be able to prove that even though drugs were found in the defendant’s home or car, the defendant had no knowledge of their existence; in other words, they belonged to someone else with access. If you have been arrested for drug possession and are in the DFW, Austin or Tarrant County area such as Irving or Arlington, Texas, contact one of our drug lawyers now.
Finally, the issue of whether or not the substance found is actually illegal can provide a defense to charges of drug possession. Because the defendant has a constitutional right to face his or her accusers, a lab result may not be sufficient evidence; lab technicians and every person who handled the alleged drugs throughout the chain of evidence may be subpoenaed to testify. Because these people may often be unavailable, then this could result in a viable defense and is always worth pursuing.
Ensure Your Rights are Not Violated with a Dallas, Austin or Fort Worth Drug Lawyer
If you have been arrested for drug possession or any other drug charges in Dallas, Austin or Fort Worth, your first phone call should be to our experienced Dallas Drug Defense Lawyers at Bobbitt Law Firm. If you live in Tarrant County including Arlington and Irving, we can also help you with your drug case. We have the experience, knowledge and skill to aggressively represent you in federal or state court. We will ensure your rights are not violated in any way and our goal will be to minimize both the short and long-term consequences of your charges. A poor outcome to your drug possession charges could result in a lifetime of problems so call Bobbitt Law Firm immediately.
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