Posted on 4/24/23

If you have been charged with drug possession in Texas, it is crucial that you work with an attorney who can develop an effective legal defense on your behalf. The specific type of defense that will work in your case depends on the facts and circumstances of your unique situation.

  • Illegal Search and Seizure

Law enforcement officers must respect your constitutional rights, including your right against unreasonable search and seizure. Suppose law enforcement officers do not have probable cause to arrest you or do not have a warrant to search your home. In that case, you can have any evidence they find become inadmissible in court successfully. Specifically, any drug or drug paraphernalia they find during an illegal search and seizure could be suppressed in court.

  • Police Abuse and Power

Suppose you have been the victim of police misconduct during or after the arrest. In that case, your defense attorney can help you avoid a conviction by proving that the law enforcement officer in your case abused their power. Common examples of police misconduct include police brutality, falsification of evidence, and forced confessions.

  • Legal Use of Medical Marijuana

Texas has not yet legalized the recreational use of marijuana, but qualified individuals can use marijuana for medical purposes. Suppose you can show that you have a license to use medical marijuana through Texas’s Compassionate Use Program (CUP), administered by the Texas Department of Public Safety (TPS). In that case, you can defend against marijuana possession charges. 

  • The Substance is Not an Illegal Drug

The substance must be considered controlled for you to be charged with and convicted of drug possession in Texas. If the substance in your possession is not classified as controlled, you cannot be found guilty of a drug crime. For example, if the substance is not an illicit drug, testing the substance in a lab will confirm that it is not. When there are disputes as to whether the substance is considered a controlled substance, the prosecutor has the burden to prove beyond a reasonable doubt that it is after bringing charges. 

  • The Drugs Were Not Yours

Prosecutors must prove that you were in actual or constructive possession of the drugs to prove drug possession charges. If you can prove that the controlled substance did not belong to you and that you did not knowingly or intentionally possess the drug, you cannot be convicted of drug possession. For example, suppose you share an apartment with several people, and police officers find the drug in the common area. If you can prove that the drugs belong to your roommate and you had no control or possession of them, the prosecution cannot prove the charges against you beyond a reasonable doubt.

Contact a Skilled Dallas/Fort Worth Criminal Defense Attorney

Have you or your loved one been charged with drug possession in Dallas-Fort Worth or Plano, Texas? If so, the experienced criminal defense attorneys at Abel Law Firm are here to help. Contact Abel Law Firm to schedule a free case evaluation and learn more about how we can fight for your rights.

Flower Mound Office

Phone: 972.584.7837

Denton Office