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Houston Criminal Defense Blog

'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.

Are you familiar with your Fourth Amendment rights?

Imagine driving to Katy from downtown Houston, on your way home from a long day at the office. As you exit off of I-10, you suddenly see red and blue lights flashing in your rearview mirror. You find a safe place to pull over and wait patiently for the police officer to approach the driver's side window and briefly wonder why the traffic stop is even occurring.

You are pretty sure you were not speeding, at least not so much to warrant a stop. Maybe you have a tail light out. You even wonder if you forgot to signal when you were exiting the highway. Unfortunately, what you expect to be a routine traffic stop turns into something else completely when the officer asks you to step out of the car and then proceeds to start rifling through things.

Am I liable if my child commits a drug crime?

In Texas, parents do not generally face criminal charges if their child commits a crime, although they may face some civil penalties. However, parents may face criminal liability in some instances if a child uses illegal drugs or commits a crime involving illegal drugs.

The actual consequences a parent may face may range significantly from case to case, depending on the knowledge or involvement of the parent. In some cases, a parent may face criminal consequences if a child commits a drug-related crime, even without the parent's knowledge.

Drug charges: When addiction is the underlying problem

Many people think that everyone involved in the criminal justice system are "bad" people who are intentionally breaking the law. This misconception makes it hard for the people who have legitimate underlying problems that led them to face criminal charges.

One type of charge that might be subjected to this type of assumption is a drug charge, namely drug possession. This charge is often associated with someone who has a drug addiction.

You have the right to defend yourself or others from attack

Security is far from a given these days. People can find themselves in danger while shopping, at a movie theater or even during a walk outside. You could be the unintentional victim of a would-be mugger. Perhaps you witness someone mercilessly beating someone else. Maybe you run into someone you have had a bad interaction with in the past, and things turn violent.

When someone attempts to hurt you or someone else, you have the right to defend yourself and innocent third parties from harm. That could include actions that would otherwise end up classified as assault. However, you must understand Texas law to avoid being put at legal risk when defending yourself.

When more than one case comes out of a criminal matter

Many people assume that the double jeopardy protections in the United States Constitution mean that you can only face one legal case for a specific incident. This is a misconception that some people realize isn't factual too late. It is possible to have to answer to two types of cases that both stem from one event.

Here are some points to remember if you are facing two cases from one alleged criminal action:

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