Drug distribution charges in Brazoria County, Texas, are taken very seriously and can result in extensive repercussions when it comes to fines and jail time. These types of charges can also come with more serious penalties than mere possession charges. Because of this, you need to understand what these charges entail and the possible defenses your criminal offense attorney could use on your behalf.
If you are facing charges for unlawful distribution of controlled substances, you need to take the additional step of hiring a criminal defense lawyer to represent you. At The Law Offices of Keith G. Allen, PLLC, we provide legal representation for our clients in Brazoria County, protecting your rights and ensuring the best possible outcome for your case.
What is a Drug Distribution Charge in Brazoria County, Texas?
The Texas Controlled Substances Act prohibits the possession, manufacturing, and distribution of controlled substances in the state of Texas. For charges specifically focused on drug distribution, this entails a person who is not only in possession of a controlled substance but also has the intent of distributing it to other individuals.
To be charged with drug distribution, there has to be proof that you were in possession of the narcotics and had a clear intent to distribute it. In many instances, this is a charge that comes with more severe repercussions than a simple charge of drug possession.
Because narcotic sales charges can come with such severe repercussions, you need to hire a criminal defense attorney to represent you. They will help you track down evidence in your favor, evaluate the evidence being used against you, and create a defense strategy.
Drug Distribution Defense Strategies
The first thing you need to do if you are charged with narcotics distribution is to hire a criminal defense attorney in Brazoria County. An attorney will understand what these charges mean for your specific situation and can examine the evidence against you.
By examining the evidence as well as hearing your side of the story, your attorney can find the right defense strategy for you. Here are some common drug distribution defense strategies that your attorney may choose to use for your case.
Lack of Intent
Different types of drug charges in Texas have different severities when it comes to fines and possible jail time. Because of this, your attorney may find that it is best to plead lack of intent to distribute the drugs that law enforcement found.
Lack of intent would still leave you in possession of narcotics but without the intent of distributing them to anyone else. This could help you avoid some of the more severe repercussions by having the charges changed to possession.
Entrapment
Law enforcement has some flexibility when it comes to creating scenarios to trap and charge criminals who they know to be doing illegal activities. However, there are very specific laws around this so that law enforcement cannot trap innocent people who would not have committed a crime otherwise.
For instance, your attorney may be able to use entrapment as a defense strategy if an undercover police officer pressured or threatened you into selling drugs. Your attorney could prove that this situation resulted in you doing an illegal activity that you otherwise had no intention of doing on your own.
Keep in mind that there are many situations that law enforcement can set up that wouldn’t necessarily qualify as entrapment. For instance, having an undercover officer ask to buy drugs is not necessarily entrapment unless your attorney can prove that there was excessive pressure or threats involved.
Unlawful Search and Seizure
A very common defense tactic your attorney may use is legal search and seizure, which could have any evidence found against you suppressed. Unlawful search and seizure can include many different types of scenarios where the police did not uphold your rights or follow the correct legal avenues.
For example, the police may have searched your car and found drugs during a routine traffic stop but did not have a warrant or probable cause to do so. Or, the police may have searched your person and found the drugs on you without having probable cause, which would go against your rights.
Unbelievable Witness
Depending on the situation, you may be facing a drug distribution charge due to the information provided by an informant. Your attorney could question the validity and credibility of this witness, especially if they are a criminal and have a record of lying to the police.
This is also a situation where your attorney may use the defense strategy of mistaken identity. The police’s witness may believe that they saw you distributing drugs to another person when it was, in fact, another person. In many instances, this could be a very straightforward defense strategy, especially if you have an alibi.
No Active or Constructive Delivery
To actually charge you with controlled substance distribution, the prosecutor has to be able to prove that you either actively or constructively distributed the controlled substance. Actively delivering the substance would entail physically handing it to another person, while constructive delivery would cover making plans or arranging a time and a place to deliver the drugs.
Your attorney may be able to show that the prosecutor has no way of actually proving active or constructive delivery, which would result in the charges not having enough substantial proof.
For the Best Criminal Defense in Brazoria, Contact The Law Offices of Keith G. Allen, PLLC
If you are being accused of controlled substance distribution, you need to remain calm and understand the possible defense strategies for your case. By following the right legal steps and hiring an attorney, you could have the charges significantly reduced or even dropped.
At The Law Offices of Keith G. Allen, PLLC, we have extensive experience handling criminal defense cases in Brazoria County, Texas. We will help you understand what these charges mean and the defense strategies that could be useful when you go to court. If you are looking for compassionate and experienced criminal defense representation in Texas, contact us today at 832-230-0075 for a free consultation.
