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Houston Criminal Defense Blog

Fight a drug possession charge with the right defense strategy

A drug possession charge is a big deal, as a conviction is sure to alter your life both now and in the future. Depending on the severity of your crime, a conviction could result in a large fine, community service and/or prison time.

While there is no surefire way of knowing what will happen when your day in court arrives, it's important to note that there are several drug possession defense strategies you can employ. It's important to understand your options, including which one gives you the best chance of preventing a conviction.

  • Unlawful search and seizure: The Fourth Amendment protects you against unlawful search and seizure, so this is something to think about should you come under arrest for any type of drug possession crime.
  • The drugs aren't mine: It may be one of the more difficult strategies to employ, but it's possible you can prove that the drugs were not yours. Doing so will remove you from the line of fire, thus allowing you to avoid a conviction.
  • Entrapment: You understand that police are permitted by law to set up sting operations with the idea of catching people who are breaking the law. However, law enforcement officials are not permitted to induce a suspect to commit a crime. Known as entrapment, you can use this defense strategy to prove your innocence.
  • Planted drugs: It's not the easiest thing to prove, but with the right approach, you may be able to show the court that drugs were planted with the idea of making an arrest. In many cases, it will take one officer blowing the whistle on another for you to have the evidence you require to proceed with this strategy.

When you are charged with selling drugs in a drug-free zone

Any time that a Texas resident faces a drug offense, it's a serious matter. However, when the charge involves selling illegal drugs in a drug-free zone, the charges - and potential penalties - are even steeper.

Many people don't realize that some version of this prohibition has been enforced since 1970. That's when Congress first passed a law allowing for increased penalties for those who were convicted of specific drug offenses that took place around schools. In theory, the premise is arguably a good one, as selling contraband drugs around children's schools potentially exposes them to danger.

Young people can get ensnared by perils of meth

While much focus in the news has lately been on the deadly nature of opioid drugs, it's important to realize that Houston is still reeling from the scourge of methamphetamine-related deaths.

In fact, as reported by the Texas Department of State Health Services (TDSHS), there were more than 400 meth-related deaths in the state in 2014, a number that had been steadily rising since 2008. Those numbers won't abate unless and until the production of meth is eradicated.

Fighting words and threats could lead to assault charges

Many people will get verbally aggressive even if they are not capable of physical violence toward another person. Whether it happens as the results of an escalating argument in a popular bar or as the result of a road rage incident, when one person threatens another person, that can lead to criminal assault charges.

It is a commonly believed myth that an individual must suffer severe injuries to press assault charges in Texas. While that may be true in the case of some assault charges, simple assault does not require serious physical injury. Educating yourself about the way Texas handles assault and how it defines assault can help prevent you from making a potentially serious mistake.

Can you sell your extra prescription drugs?

The level of control over prescription drugs is something you just took in stride before, never really thinking about the underlying legal issues that stem from unauthorized distribution.

After all, you never planned to sell your prescription medications as a source of income. You have a great career making far more than you'd ever make trying to do that. You would not jeopardize that career or your reputation just to make a few bucks.

'It wasn't mine' drug defense: Does it ever work?

If you get arrested here in Harris County on drug possession charges, you're in legal hot water. The state of Texas is tough on crime, and that includes drug possession.

But what is a viable defense strategy for a drug arrest? The strategy that you choose depends upon the circumstances of your arrest to a great degree. For instance, let's examine the "it wasn't mine" defense.

Were you falsely accused of domestic violence in Harris County?

Being accused of domestic violence can be a nightmare scenario for defendants. There are many elements that factor into allegations of domestic abuse — and perceptions are not always reality.

Unfortunately, even being accused of domestic violence can have a chilling effect on an individual's career, child custody and visitation arrangements and even social standing in the community. Even when charges are later dropped for lack of evidence, the stigma from the arrest and allegations are like a miasma surrounding the falsely-accused person. Careers may never rebound, as some arrests preclude individuals ever working again in certain professions.

Defending yourself against a money laundering accusation

If you own any type of business, it is possible that you deal in cash a lot of the time. However, depositing a large amount of cash when it is not necessary to do so can raise suspicions of money laundering. This white-collar crime can have very serious consequences, which is why it's very important that you take swift action to defend yourself if you are accused of such a crime.

Money laundering is the act of transferring or dealing with money that you know was involved in a crime. Most often, money laundering is related to drug and organized crimes like robbery. However, money laundering is considered such if it is associated with any type of crime.

You could face assault charges without ever touching someone else

Many legal terms are commonly misused and confusing to people. Despite the rise of the police procedural show, with everyone talking law enforcement jargon, certain terms still confuse many people. For those who find themselves potentially facing criminal charges, having an accurate understanding of what that offense entails can make a big difference.

Assault is one such term that people often find confusing. Many people associate assault with the act of harming another person. While that isn't inaccurate, it also isn't thorough. People accused of assault may believe that they have an airtight defense, because they never actually hurt the other person involved. However, harming someone isn't actually necessary for the state to file assault charges against you.

Growing pot in your Texas home could mean serious jail time

While much of the rest of the country is adopting more lenient approaches to marijuana, Texas still has a firm stance on the prohibition of this popular medical and recreational drug. People get arrested every day in Texas for all types of marijuana charges, from possession to distribution. One of the more serious offenses that Texans who use marijuana could face relates to growing marijuana.

Due to more permissive cultural attitudes about marijuana, most people think of it as less of a crime and more of a nuisance. That can lead marijuana users to believe that so long as they avoid creating a nuisance with smell or parties, they can quietly smoke and even grow their own marijuana without major legal repercussions. The truth is that getting caught growing marijuana in Texas can ruin your life. Marijuana cultivation charges in Texas will not result in a simple slap on the wrist in most cases.

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Houston, TX 77008

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