Facing drug possession charges in Brazoria County, Texas, can come with some substantial repercussions, depending on the situation. Your best chance of lessening these charges or having them dropped entirely is to have a strong drug charge defense strategy to prove your innocence. Depending on the type of drug possession charge, the repercussions could have a substantial long-term impact on your life, impacting your ability to work, have a driver’s license, or find a place to live.

If you have been charged with drug possession in Brazoria County, the very first thing you need to do is hire a criminal defense attorney for drug charges. At The Law Offices of Keith G. Allen, PLLC, we are committed to defending our clients in Texas, providing you with the legal advocacy and representation you need to get the best outcome for your case.

Severity of Drug Possession Charges in Brazoria County

Before diving into your drug charge defense options in Brazoria County,  TX, you need to understand how severe drug possession charges really are. These charges are categorized by different schedules, which will ultimately determine what the repercussions could be for your case. Here is a breakdown of first-time drug possession penalties you could be facing:

• Class B misdemeanor: Up to 180 days in jail and up to $2000 in fines.
• Class A misdemeanor: Up to a year in jail and up to $4000 in fines.
• State jail felony: Up to two years in state jail and up to $10,000 in fines.
• Third-degree felony: Up to 10 years in prison and up to $10,000 in fines.
• Second-degree felony: Up to 20 years in prison and up to $10,000 in fines.
• First-degree felony: Up to 99 years in prison or a life sentence and up to $10,000 in fines.

When you hire a drug crime defense attorney, they will help you understand what your charges mean and how much evidence is against you. They will provide crucial advice when deciding on the best defense strategy to lessen your charges or have them dropped.

Drug Charge Defense Options in Texas

There are many instances where you may have been falsely accused of drug possession or the charges do not fit the crime. A drug crime defense lawyer will be vital in deciding what drug charge defense fits your situation. They will have experience handling drug charge defenses and have knowledge regarding the ins and outs of drug possession laws in Texas.

Fourth Amendment Violation

One of the most common defense strategies drug possession attorneys use is violations of your Fourth Amendment rights. This is when your lawyer will bring into question the legality of the search and seizure that law enforcement used to find the drugs. Your Fourth Amendment protects you from unreasonable search and seizures by law enforcement, so there are very strict rules about when and how they can do this.

If your lawyer can prove that the search or seizure was unlawful and violated your rights, the evidence would most likely be inadmissible in court. This often results in the charges being dropped entirely or at least substantially reduced. Examples of this could include if the police conducted a search when they did not have a warrant or if there was no probable cause to suspect that there were drugs.

An example of a situation where this could apply is if the police raided your home and found drugs without a warrant or stopped and searched you without a legal reason. 

Lack of Knowledge

There are two situations where a lack of knowledge may be a good drug charge defense strategy. Your attorney could use this option if the drugs were not yours and you were not aware that they were in your possession. Someone else may have given you something that contained drugs without you knowing it, resulting in the drugs being found on you.

Another example of how lack of knowledge can be used is if you were not aware that the drugs were a controlled substance. For drug possession charges to stick, the prosecutors have to prove that you knowingly and intentionally possessed the drugs in question.

Drug Testing Issues

There are many steps that drugs go through when they have been seized from an individual by law enforcement. Your drug crime defense lawyer could bring this process into question regarding the testing of the substance and whether or not it is accurate. For instance, there are many substances that may look like illegal drugs but are, in fact, not the same, or the drug testing kit may have been faulty or misread by the police.

Your attorney could also use the defense that the crime lab or law enforcement officers lost or misplaced the seized drugs. They could have been tampered with or mixed up with other substances seized from a different individual.

Prescription Drugs

In some instances involving drug possession charges, your attorney may be able to argue that the drugs in question are a prescription. Some controlled substances include medications and you could have the charges dropped entirely if you can prove that you legally possessed the medication with a prescription. You may have a prescription bottle with your name on it or you may have records from your doctor or pharmacist.

For the Best Criminal Defense in Brazoria County, Contact The Law Offices of Keith G. Allen, PLLC

No matter the severity of the drug possession charges you are facing, these can often come with life-altering consequences. The best way to navigate these charges is to hire a drug criminal defense lawyer who can help you create the best defense strategy. At The Law Offices of Keith G. Allen, PLLC, we have handled thousands of criminal defense cases in Pearland and Brazoria County, helping our clients get the best possible outcome. If you are looking for compassionate and experienced legal representation, contact us today at 832-230-0075 for a free consultation.