Anyone facing drug crimes in Mesquite, Texas, is likely aware of the severe penalties they face, which can include expensive fines, probation, and even time spent in prison. Whether you have been accused of possessing, distributing, or manufacturing controlled substances, the consequences of any conviction could impact your future. To help avoid this from happening, a Mesquite drug crime lawyer can help build a strong defense that tackles the allegations.
At Harris & Harris Law Group, PLLC, we have the quality legal representation you’re looking for. We have seen firsthand the impact criminal allegations can have on your life and those you love. The sense of urgency is felt by our team, too, which is why we remain committed to guiding each client to walk through our doors through these challenging times with dedication and purpose. From day one, we are here, ready to advocate for the optimal outcome in your case.
After being charged with a drug crime, it’s important to collect any evidence you can to help support your argument for a case reduction or dismissal. The goal is to cast doubt on the prosecution’s claims or find strategies to dismiss the evidence they choose to present. Some key types of evidence that can help in this mission include:
One of the most common drug crime defenses is to challenge how law enforcement was able to obtain evidence. Under the Fourth Amendment, police officers are required to follow strict legal procedures when searching someone’s property, such as their home or vehicle. If a defense lawyer can prove a search was conducted before obtaining a valid warrant to do so, they can file a motion to suppress any pieces of evidence that were collected during the search and seizure.
If a drug possession charge is going to hold up in court, the prosecution will need to prove that the defendant had either actual or constructive possession of the controlled substance. Actual possession is when drugs are found directly on someone, whereas constructive possession means the drugs were located somewhere the defendant had control over, such as their car or home. Defense attorneys can try to argue that their client had no knowledge or control over the drugs.
The prosecution must also prove that the evidence presented in court is the same as that collected at the crime scene. If they can spot any gaps or inconsistencies in the chain of custody, they can point out this vulnerability and suggest that the evidence may have been compromised. When done successfully, this will raise doubts with the judge and jury about the reliability of the evidence presented, potentially leading to evidence being suppressed or a defendant being found not guilty.
Bringing in different witnesses can help support or challenge what the prosecution claims happened. For example, an alibi witness can testify that the defendant was not present when the alleged crime took place. If someone was an eyewitness at the scene of the alleged crime, they could provide extra insight into who owns the drugs, law enforcement’s misconduct, or if they observed any suspicion of coercion by police officers.
It’s important to remember that just because a substance appears to be illegal does not mean it is. The prosecution must provide laboratory tests to confirm that the drugs they seized are an officially recognized controlled substance. To ensure the tests they conducted were valid, a defense lawyer may decide to request their own independent testing to verify the claim. If they can spot discrepancies in the lab results, the validity of the substance could be called into question.
A: Yes, probation is possible for some felony drug charges in Texas, depending on the specifics of your case. If the attorney can convince a court or prosecutor there is rehabilitative potential, the defendant could have a chance to receive probation.
A: The total cost to hire a felony defense attorney in Texas depends on many different factors, such as how complicated a case is and whether the case will go to trial or not. The attorney’s experience or the severity of the drug charge would also be a factor in cost. Most lawyers in criminal cases charge a flat fee per service, so be sure to ask about fees upfront.
A: Yes, there are some cases where a felony drug charge can be reduced to a misdemeanor. This can be done by advancing a plea bargain, or demonstrating mitigating circumstances. Prosecutors may agree to reduce the charges, especially if the defense is willing to exchange a guilty plea for lighter penalties.
Additionally, if the defense attorney can show their client had no intent to distribute the drugs, it could reduce the charge.
A: While it is rare, there are circumstances where a felony drug charge could be expunged or sealed. The charge would be removed completely if the case was either dismissed, the defendant was found not guilty, or they completed a diversion program. However, a conviction for a felony drug charge typically cannot be expunged unless new evidence appears later on that requires the court to revisit a case. If a person received deferred probation, and complied with the terms of that probation, they may be eligible for a petition for nondisclosure. A Mesquite Drug Crime Lawyer can share what options you have to achieve this.
If you have recently been charged with a drug crime in Mesquite, TX and are looking for a quality defense team, contact our firm today. We know what makes a difference in the strength of criminal defense strategies and will do everything we can to ensure you do not face unnecessary consequences.