Anyone who has been accused of illegal drug activity faces the risk of multiple criminal penalties. This possibility alone can make it unnerving to move forward, as you may be fearful of making a mistake during criminal proceedings that leads to a conviction. However, just because you have been accused of a drug crime does not automatically mean the case will lead to a conviction. To help defend yourself, you need a Garland drug crime lawyer on your team.
At Harris & Harris Law Group, PLLC, we understand the fear and helplessness you might be feeling as you learn about the drug charges you are facing. If this sounds like you, engaging with our defense lawyers can help to ease some of this fear. We can help you navigate the journey you will need to take to defend yourself against these allegations. From day one, we supervise your entire case to ensure your rights are protected every step of the way.
Not all drug crime allegations are rooted in fact. While there can be enough suspicion or circumstantial evidence to make an arrest, this is only the beginning of the case. You have the right to hire a defense lawyer and combat the allegations with your own evidence.
Some of the most common reasons why inaccurate drug crime charges surface include:
The way evidence is collected and handled can make a huge difference in the accuracy of drug crime allegations. For example, if law enforcement collected drugs from someone without first obtaining a search warrant, a defense attorney could file a motion to suppress the drugs in question as evidence. This could be enough to completely dismiss the case if the prosecution doesn’t have the drugs to use for evidence.
There are a number of reasons why someone might falsely accuse another person of a drug crime. Common motives can include holding a personal grudge, a simple misunderstanding, or an attempt to shift blame away from themselves. In some instances, someone might accuse another person of a drug crime when they are fully aware they are the one who should be charged. A skilled Garland Drug Crime Lawyer can uncover inconsistencies in an accusation to disprove the allegation.
Most drug crime cases will involve testing the substances in question in a lab. This is to confirm whether the substances found are illegal. Certain events, such as the mishandling of samples or the usage of faulty equipment, can result in a false positive reading. If an attorney suspects this has happened, they can conduct their own independent testing of the drugs in question.
In order to determine the severity of charges and potential penalties, Texas law classifies drug offenses based on penalty groups established under the Texas Controlled Substances Act:
Knowing under which penalty group your charges would fall can impact your defense strategy. A Garland drug crime lawyer can evaluate the specifics of your case and advocate for reduced penalties wherever possible.
A: To successfully beat a felony drug charge in Texas, you need to collaborate with a defense lawyer. They take an independent review of your case and the evidence stacked against you to try to identify any vulnerabilities. If they spot something, such as an officer conducting an illegal search or unreliable witness testimony, they can highlight this in court. Sometimes, this has enough power to get your case dismissed or reduce the penalties you face.
A: Yes, there are certain circumstances where someone is charged for a drug crime as a felony that is later reduced to a misdemeanor. Some of the most influential factors that can cause this to happen include when there are small amounts of drugs found, the defendant has an otherwise clean criminal history, or the drugs were found in a shared space. When this happens, an experienced defense lawyer can negotiate to reduce a felony charge to a misdemeanor.
A: Yes, you may be given probation for a felony drug charge in Texas. This largely depends on the circumstances of your case, such as whether the defendant is a first-time offender or the prosecution is willing to exchange a guilty plea for probation or insights into who else may have been involved. As part of the probation sentence, you will likely also have to conduct regular drug testing or community service and could even be ordered to attend certain rehabilitation programs.
A: One of the most common illegal drug charges is possession of a controlled substance. This is when someone has been found in possession of an illegal drug or a prescription medicine that was not prescribed to them. The severity of the possession charge will depend on what type of drug they were found with, how much there was, and if they intended to sell it or use it personally.
If you are facing illegal drug charges in Garland, TX, let your next step be to contact our firm. We have a strong understanding of what rights a criminal defendant has and can help walk you through the entire process to ensure no one tries to take advantage of you. Connect with us today and see why others who were once in your shoes chose to trust us with their drug case.