According to the Texas Department of Public Safety’s 2013 Crime Reports, drug abuse arrests were the third highest cause of arrest, following larceny and robbery, with 138,567 individuals being arrested and charged for drug crimes. Drug offense is a broad term that covers any number of drug-related crimes, including:
- Possession of a controlled substance or drug paraphernalia
- Delivery of a controlled substance
- Possession or delivery in a drug free zone, such as a school
- Drug trafficking or manufacturing
- Forging or altering a prescription
- Money laundering in connection with the drug trade
Defense of drug crimes cases requires a thorough understanding of not only the substantive and procedural laws, but of the science behind drug testing, especially where drug manufacturing is concerned.
Every drug crimes charge has very specific factual elements that the prosecution must prove beyond a reasonable doubt in order to win a conviction at trial. If the defense can raise reasonable doubt as to even one element of any crime, then the jury has no choice but to enter a verdict of not guilty.
For example, in a possession case, it is not enough for the prosecution to prove that the defendant was within a home when drugs were being sold. The prosecution must prove that the defendant actually had the drugs in his care, custody or control. Simply being in the vicinity of drugs, even if he knew they were being used or sold, is insufficient to prove possession.
Our Prosper drug crimes attorneys have handled thousands of drug crimes cases and will meticulously examine all of the evidence to find the weaknesses in the prosecution’s ability to prove each element, and use those weaknesses to obtain a dismissal of all charges or an acquittal at trial.
Procedural safeguards are the rules imposed on the police and prosecutors to ensure every defendant receives a fair trial. The most important procedural safeguard when it comes to drug crimes is the prohibition against unlawful search and seizure. Our Prosper drug crimes attorneys pride themselves on their aggressive defense of every defendant’s right to:
- Not be subject to unlawful search and seizures
- Be informed of his right against self-incrimination
- Have all police questioning stop and be appointed an attorney upon request
Any evidence obtained in violation of these rights can be ruled inadmissible and tossed out of court, meaning an outright acquittal for our client.
Call Our Prosper Drug Crimes Attorney Today
Any drug charge, whether a misdemeanor possession or felony drug trafficking, should be taken seriously. And Rosenthal & Wadas’ Prosper drug crimes attorneys can help. We have handled thousands of drug cases and understand the specific elements the prosecution must prove in order to win a conviction. Our team of experienced attorneys will examine all of the evidence to find the holes in the prosecution’s case, and will review whether the police violated any of your constitutional rights. Your initial consultation is free, so pick up the phone and call our Prosper office today at 877.538.8640.