You’d be surprised to know that an average of 490,000 persons in Houston aged more than 12 have used some type of drug in the past year. With an almost similar rate of drug use for Texas with 12.6 percent, many drug possession incidents are observed in Houston. If you face drug possession charges, it’s evident to hire a Houston Drug Crime Lawyer to get the best legal representation. Many people get scared with the whole legal process, so here are five tips for them to have a look in dealing with drug possession charges.
Prosecutors deal with hundreds of cases each month, and drug possession charges are a low priority for the majority of them. One common practical strategy is to take advantage of overburdened government staff. Suppose you can treat the case as if it were a first-degree murder charge, with many depositions, document requests, and other procedural hard work. You can wear out the prosecutor in such a case, causing him to offer a significantly reduced sentence or withdraw the charges as a part of a plea deal.
Some jurisdictions offer diversion programs that allow persons found with minor narcotics to complete some sort of rehabilitation and pay fines and court fees. It can help withdraw the charges and no conviction recorded against their record if they meet all commitments. Of course, for these programs to work, the accused must make a genuine attempt to be clean and drug-free. If you don’t, you could face all of the original criminal charges, as well as the prospect of having to pay for the failed treatment plan.
If you genuinely want to fight the case on its merits, the best way to do so is to challenge how the police gathered the evidence. First, you’ll try to demonstrate that the officer’s stop was unwarranted, which means that the officer lacked probable cause to stop you. Even if the stop was legal, the further investigation that found the drugs could have been illegal if the officer lacked probable cause or a proper search warrant.
In many circumstances, there are additional flaws in establishing constructive possession. It occurs if something is believed to be in your possession, even if it isn’t yours. For example, if you borrow a friend’s car and the officer pulls you over for speeding and finds a tiny amount of marijuana in the car, the officer will have a justification to search you. Are those your medicines, or do they belong to the car’s owner? It casts a cloud on the defendant’s ability to prove possession beyond a reasonable doubt, something a cunning defendant can take advantage of.
Take drug possession charges seriously if you or someone you know has been charged in Houston. While many people think of this as a “small offense”, but it can have profound implications, such as jail time, extended probation, drug tests, fines, and administrative charges. Even if the allegations appear to be insignificant, you should contact a Houston Drug Crime Lawyer as soon as possible for assistance.
Drug possession charges need to be handled with caution, so you must find the right attorney to represent your case. The suitable legal representation helps you define the best strategy to deal with the charges and reduce or drop the punishment.
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