Whether you have been arrested for possession of drug paraphernalia, marijuana, cocaine, heroin, methamphetamine or any other illegal substance, speaking to a knowledgeable drug possession attorney in Houston could leave you with a vastly improved outlook. Over 80% of all arrests in Texas during the year 2009 were for drug-related crimes, and over half of those arrests involved the most minor marijuana possession. A skilled Houston drug possession attorney has experience in defending those charged in state or federal court.
Remember Your Right to Remain Silent
Perhaps one of the most important pieces of information your Houston drug possession attorney would like you to know is that you should take your Miranda warning seriously following an arrest for drug possession. Exercise your right to remain silent until you have had the opportunity to speak with your Houston drug possession attorney. Police officers and state prosecutors are specially trained to extract information from those suspected of a crime. As Miranda states, that information can and will be used against you in a court of law. After supplying your name and address, politely decline to continue to talk—as most Houston drug attorneys will tell you, talking your way out of your arrest is almost never a valid option and can hurt your case.
Defenses to Your Drug Possession Charges
The level of your charges will hinge on how much of the substance you were in possession of, what the controlled substance was and whether this is your first offense. Your Houston drug possession attorney will discuss the possible defenses he or she will implement on your behalf. The drug defense or defenses chosen by your Houston drug attorney will, of course, depend on the individual circumstances of your arrest, but could include challenging stated facts, challenging evidence or testimony, targeting procedural errors including search and seizure violations, or even challenging possession charges based on an affirmative defense—such as the right to use medical marijuana in certain states.
As your Houston drug possession attorney knows, illegal drugs found in plain sight may be seized and used as evidence, however drugs found in the trunk of your car—after officers pry it open, cannot be used as evidence unless you granted the police permission to search your car or home. Perhaps the drugs were truly not yours, or you had no idea there were illegal drugs in your vehicle or your home; in this case your drug possession attorney will find plausible alternative scenarios to present to the jury. In some cases there are breaches of protocol in the crime lab and your Houston drug possession attorney may be able to use this to your advantage. Your Houston drug possession attorney will discuss your options with you and together you will make decisions which are meant to benefit your future.
How a Houston Drug Possession Attorney Can Lessen Your Penalties
The penalties for drug possession will vary, depending on the amount and the drug, but can range from a state jail felony conviction which brings 180 days to two years in a state jail, through third, second, and first degree felonies, as well as an enhanced first-degree felony. The penalties for these convictions range from two to ninety-nine years in prison and from $10,000 to $250,000 dollar fines. While your Houston drug possession attorney cannot promise a certain result, he can work aggressively to try and achieve the best possible outcome for your future.