How To Defend A Drug Case: A Former Prosecutor Breaks Down The Law! (2022) 

How To Defend A Drug Case: A Former Prosecutor Breaks Down The Law!
COMMON TEXAS DRUG OFFENSES
Texas has a very strict drug crime tradition. How serious a drug crime becomes is determined by what type of illegal drug is involved, the specific amount, and the type of activity taking place (e.g. possession, distribution, possession with intent to manufacture or distribute, drug paraphernalia, drug-based DWI, and drug conspiracy). Almost all drug crimes in Texas are felonies and not misdemeanors. Typically, crimes that are felonies carry much more severe consequences than misdemeanors. To demonstrate how serious drug crimes are in Texas, merely being in possession of four ounces of marijuana can get you a felony drug charge.
POSSESSION
Texas law defines “possession” of a controlled substance as the actual care, custody, control or management of the drug. The general nature of this definition allows for charges against you even when you don’t actually have the drugs on you, but when the drugs might instead be stored in a place which you control or manage. Also, even if the drugs aren’t technically yours, but have been shared amongst you and a group of other people, you can still be charged with possession. As long as you used the drugs, then that may be enough for a possession charge.
In order to prove that you are guilty of a possession charge, a prosecutor must prove that you knowingly or intentionally possessed the controlled substance. If you did not know that the drugs were on you, or if someone else put the drugs in the location in which they were seized by the police, then you may have a valid defense to a possession charge.
POSSESSION WITH INTENT TO MANUFACTURE OR DISTRIBUTE
One of the most common drug charges is possession with intent to manufacture or distribute. Under Texas law, manufacture means to produce, prepare, compound, convert, or process a controlled substance other than marijuana. The mere growing of marijuana is not considered manufacturing, but instead possession. However, creating synthetic marijuana can get you a manufacturing charge.
UNKNOWING POSSESSION
In order to be convicted of possession, the prosecutor must prove that you knew, or had reason to know, that the drugs were in your possession. If you can show that you did not know that drugs were in your possession, then the charges might be dropped. For example, illegal drugs might have been found in your home, but they were found in an area where someone else was staying, like a guest room.
NO AFFIRMATIVE LINK
An experienced criminal defense attorney can have charges dismissed if the prosecutor cannot prove that there was an affirmative link between you and where the drugs were found. For example, if you share a home with several people, and the drugs were found in a common area, then the prosecutor must prove that there is an actual link between you and the drugs that were found in the home.
UNLAWFUL SEARCHES AND SEIZURES
If evidence is obtained through an unlawful search and seizure, then that is a violation of the Fourth Amendment to the U.S. Constitution. Any and all evidence that was obtained through that search can be dismissed and never used during your trial. This can sometimes result in the criminal charges being dismissed altogether. There are several ways for a search to be illegal:
• There is no probable cause for the search. This means that before the police can search a home, vehicle, or an individual’s clothing or body, they must have a reasonable basis to suspect that a crime has been committed.
• Another way is through a search that you did not consent to and that the police did not have a warrant for. Also under this category is a scenario where your consent was given under deceptive means. This is where the police basically trick you into granting permission for the search.
• The search warrant is defective in some manner. In other words, the search warrant that was granted by the judge could have been based upon incorrect information or lies provided by the police.
FOR YOUR FREE EBOOK: WHAT TO DO IF YOU HAVE BEEN CHARGED WITH A CRIME IN TEXAS
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00:00 Drug Crime
00:40 Drug Crime In Texas
01:19 Types Of Drug Crimes & Their Punishments
02:02 Drug Possession
03:25 Lack Of Intent
03:54 Distributing/Delivering Drugs
06:30 Drug Schedules
08:40 How Do The Police Arrest People For Drug Cases?
10:52 Search And Seizure
12:33 Giving Consent To A Search And Seizure
13:32 Pat-Down Search
15:20 Steps After Getting Arrested For A Drug Case
18:25 Defenses To Drug Charges
23:07 Violation Of Miranda Rights
24:30 What To Do?