2024 How to Get Drug Possession Charges Dropped in Texas?

Being charged with drug possession can be intimidating, as it is not something that is taken lightly by the law, courts, and prosecutors. Even minor penalties can have a significant negative impact on someone’s life, and in the case of more serious charges, they could be devastating. This leads those who’ve been charged to wonder how to get drug possession charges dropped in Texas.

Getting Drug Possession Charges Dropped

It is important to recognize that dropped drug charges are not a common outcome, but it is possible. Under the right circumstances, with the help of a skilled drug crime lawyer, it can happen.

One of the most common ways that charges could be dropped is if some of the prosecution’s evidence was obtained in an unlawful way or handled unlawfully. In particular, you have a Constitutional right to avoid self-incrimination. This means that you have the right to remain silent, and you should be reminded of that during an arrest. If you weren’t reminded, then any of what you may have said could be ruled as inadmissible.

You also have a right to not be subject to unlawful searches and seizures. If this occurred, it could negate that evidence as well. It is also possible that lawfully obtained evidence could be challenged and ruled inadmissible. It is critical that evidence be handled properly and that the proper chain of custody procedures be followed so that it is protected from being tampered with or tainted. A failure in these procedures could result in the evidence being thrown out.

In most cases, this evidence would be challenged before the trial begins in pre-trial motions and other procedures. If evidence can be successfully challenged, the judge will order that the prosecution can continue forward with the trial if they want, but that particular evidence will not be allowed to be presented. Sometimes, this is enough that the prosecution recognizes that they have very little hope of winning a trial case. Under those circumstances, they may choose to drop the charges altogether.

There may also be other opportunities to get the charges dropped under certain conditions. For instance, it is possible they may drop charges if you have information the police are seeking regarding other crimes and you agree to provide information. For instance, informing them of who you were able to source drugs from.

In cases where charges will not be dropped, it may be possible that they could be reduced. Most often, this occurs through a plea deal where you agree to guilt for a lesser charge and penalties, and this avoids the trial process. It is essential to work with a criminal defense lawyer to understand what your options may be in your particular situation.

FAQs

Q: Are Drug Possession Charges a Felony or Misdemeanor?

A: Drug possession charges could be either felony or misdemeanor charges. There are a number of different factors that go into determining the severity of the charges related to drug possession, including the kind of controlled substance that was possessed, how much the accused had in their possession, and whether or not it is their first violation. Generally, first-time offenses involving a small amount of less potent substances are more likely to be misdemeanors.

Q: Do I Need a Drug Crime Lawyer for a Possession Charge?

A: You don’t have to hire a drug crime lawyer for a possession charge, but doing so can often have a positive impact on your case. Your lawyer is responsible for representing you through the process and will investigate the circumstances around your charges. Whether you end up accepting a plea deal negotiated by your lawyer or are defended by them in court, it is crucial that you have an experienced, reputable lawyer on your side.

Q: What Should I Do If I’m Arrested on Drug Possession Charges?

A: If you’re arrested on drug possession charges, there are a few things that you can do that would have a strong, positive impact on your situation. More importantly, though, it is about what you don’t do. Too often, those being arrested fail to take advantage of their right to remain silent. However, it is very important that you do so, and you will have a greater likelihood of doing so if you remember to remain calm.

Contact your lawyer as soon as possible, as they will be able to help protect your rights and begin planning your defense.

Q: Will a Drug Possession Conviction Appear on a Criminal Record?

A: A drug possession conviction will appear on a criminal record. This is important because it could have a negative impact on several areas of your life.

A criminal record is something that appears on the background checks that are used by employers, which could make finding employment difficult. The same is true of educational opportunities. A criminal record may be disqualifying for certain professional licenses. It could even lead to negative impacts with regard to financial opportunities, such as loans or lines of credit.

If You’ve Been Charged With Drug Possession, We Can Help You Consider Your Options

Drug possession charges are taken seriously by Texas law and in some cases, can result in harsh penalties. In particular, depending on the substance, amount, and repeat offender status, the penalties can be substantial. If you are charged, there may be some options available to you that could mean mitigating the impact on your life or avoiding it altogether.

At the Law Office of Joseph Ruiz, PLLC, we understand the complexities of drug possession charges and the options available to the accused. In some cases, our clients have sought plea deals, and we’ve fought to get the strongest deal that the prosecution has been willing to offer. However, in circumstances where our client’s preferred option is to go to court, we are always prepared to put forth an impactful defense on their behalf.

It can be a frightening time when facing prosecution for drug possession. If you need a lawyer that you can feel confident is dedicated to fighting for you and your interests, contact us today.