R. Todd Bennett, P.C.
Se Habla Español

4 points to know about drug possession charges

Drug charges come with a social stigma that can't be denied. Even if your case doesn't result in a conviction, the fact that you were accused of these charges can often mean that you are branded socially. When you are working on a defense strategy for drug possession charges, you should make sure that you fully understand the charges and the effects they can have on your life.

Location matters

Being charged with possession of a drug doesn't mean that you are being accused of having the drug on your person. Instead, it means that it is near you and in your control. This means that if drugs are on a living room table and you are the only person in the living room, it could be construed that the drugs are in your possession. Part of your defense in these cases could hinge on the circumstances that were present when the drugs were found, such as where they were found, if you were the only one who could have been said to have been in possession of them, and whether you knew the drugs were there or not.

Search, seizure, and procedure are important

When looking into possible defense strategies for drug possession charges, it is necessary to review how the search was conducted, the methods used to seize the drugs, and the procedures that were followed when the drugs were tested, stored, and handled. At any of those points, there could be discrepancies that can be included in the defense. For example, if a search for drugs was conducted without a warrant, permission, or other lawful means, the evidence in the case might not be admissible.

Presence of drugs is optional

You can face drug-related charges without having any drugs present. These usually fall under the drug paraphernalia category. While they aren't actually drug possession charges, possession of drug paraphernalia charges are also serious and can lead to significant issues down the road.

Alternative sentences might be possible

For non-violent defendants, it might be possible to enter into an alternative sentencing program instead of going to trial. Texas has a drug court program that aims to help people who are addicted to drugs go through rehabilitation and learn to live a sober and productive life. The criteria for these programs are strict, so you would have to ensure that you meet the entry requirements and follow the plan that is necessary for successful completion.

No Comments

Leave a comment
Comment Information

Let's Discuss Your Situation

I welcome your emails, but I'd love to talk to you, too, so please call me at: 713-489-7763.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email Us For A Response

Se Habla Español Aquí

*The Best Lawyers in America is one of the oldest and most respected peer review publications in the legal profession.

**AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.