If you have received drug charges during a traffic stop in Texas, you may not know what your next steps should be. The good news is that Texas residents have certain search and seizure rights in Texas designed to protect you. Because of this, with the help of a criminal defense attorney, you may be able to have the charges reduced or dropped altogether.
If you have been arrested for drugs during a traffic stop, you need to hire a criminal defense attorney in Texas. At The Law Offices of Keith G. Allen, PLLC, we are committed to providing our Texas clients with the best legal representation possible, ensuring your rights are upheld.
Your Rights During a Traffic Stop in Texas
It is not uncommon for police to issue drug charges after a traffic stop in Texas if they have discovered drug paraphernalia in the vehicle. However, all Texas residents have certain rights that protect them so that law enforcement does not abuse their authority.
The first right to be aware of is that you have the right to remain silent in Texas and throughout the United States. You are required to provide your name, driver’s license, and proof of insurance, but other than that, you do not have to answer any questions. To make this clear, you simply need to tell the police officers that you choose to remain silent or that you wish the representation of your attorney.
Additionally, you have the right to refuse a vehicle search if the police officers do not have probable cause. For probable cause to apply, the officers must have a reason to believe that you are in possession of drugs. For instance, they can smell marijuana, they can see evidence of a crime in plain view, or a drug dog can alert on your vevicle. Otherwise, you can refuse to have your vehicle searched.
What to Do If You’re Arrested on Drug Charges
Now that you know what your rights are during a traffic stop in Brazoria County, Texas, what should you do if you are arrested for drug-related charges? Here is a step-by-step process of what you should do if police search and seize drugs from your vehicle and arrest you on drug-related charges:
- Remain silent: Although you should be respectful, you should also exercise your right to remain silent, as anything you say could be used against you.
- Request an attorney: You should also request to speak to an attorney so that you have legal representation before being questioned by the police.
Also, remember that all interactions with law enforcement should be calm and polite to avoid escalating the situation.
Legal Defenses For Traffic Stop Drug Charges
Even if you do everything right, it is still possible that you will receive drug charges after a traffic stop in Brazoria County. If that is the case, you should hire a criminal defense attorney who can help you come up with the best defense strategy.
Here are some of the most common defense strategies your criminal defense attorney may be able to use to have your charges dropped or reduced.
Lack of Probable Cause
One of the most common defense strategies for traffic stop drug charges is lack of probable cause. Law enforcement needs to have a legal reason to search your vehicle, whether that be through a warrant or other evidence of a crime being committed.
If they didn’t have a reason to suspect a crime was being committed, your attorney may be able to have evidence thrown out.
Violated Rights
No matter the charges, law enforcement is required to uphold each individual’s rights when interacting with them. Because of this, your attorney may be able to have the charges reduced or dropped if they can prove that your rights were violated during the interaction.
Law enforcement may have searched your vehicle without your consent, or they may have questioned you after you had already requested legal representation.
Improper Warrant Execution
Even when law enforcement has a warrant to search your vehicle, they have to follow the rules of the warrant. If they deviated from the warrant terms, this could result in a violation of your rights, and the possibility of having any evidence thrown out.
Lack of Intent
The majority of drug crimes in Brazoria County require proof of intent, which can create a possible defense strategy. For example, your attorney may be able to prove that you did not have intent due to mistaken possession of an illegal substance or lack of knowledge that it was in the vehicle.
For the Best Criminal Defense in Brazoria County, Contact The Law Offices of Keith G. Allen, PLLC
Receiving drug charges during a traffic stop in Texas can come with serious ramifications if the charges stick. However, if you are facing possession charges in Texas, there are several defense strategies your attorney can use depending on how the search and seizure was conducted by police. At The Law Offices of Keith G. Allen, PLLC, we have extensive experience handling criminal defense cases and can help ensure your rights are upheld throughout this process. If you are looking for compassionate and experienced legal representation, contact us today at 832-230-0075 for a free consultation.
FAQ Section
Can police search my car during a traffic stop without my consent?
Police are only allowed to search a vehicle during a traffic stop without consent if they have probable cause of a crime being committed.
What should I say if I’m pulled over and drugs are found?
Do not answer any questions; simply request legal representation and exercise your right to remain silent.
Is a drug charge from a traffic stop a felony in Texas?
Whether or not a traffic stop drug charge is a felony is dependent on various factors, such as the type of drug and the amount discovered in the vehicle.
