In Texas, drug offenses are taken very seriously by the authorities. If you decide to plead not guilty, it may be possible to avoid a lot of jail time if you have the right defense. Even if you had the drugs on you and it appears that there is sufficient evidence that you may have intended to sell them, there may still be a reasonable defense available for you based on some of the following factors.
There is such a thing as unlawful search and seizure, and it states this in the fourth amendment to the U.S. Constitution. It guarantees the right to due process of law even before you are arrested. If the drugs are obvious and in plain sight during, for example, a traffic stop, then they can be taken by the police as evidence. However, drugs found in your trunk or under your seat are not permissible as evidence if you did not give your express consent for the search.
The drugs, while found in your car or in your apartment, may not be yours. A defense of this sort is quite common and can work because it is up to the prosecutor to prove beyond a doubt that the drugs were yours. Another line of defense that you might take is that just because the substance looks like an illegal drug doesn’t make it one. A crime lab analyst has to testify that the drug is illegal. If they don’t, then you may be able to get a good outcome.
A legal professional can force the prosecution to prove the actual drugs that were in your possession. Sometimes drugs get transferred and misplaced. If the prosecution cannot produce the drugs, a conviction is not assured.
You may want to talk to a legal professional who is skilled in this particular type of situation. Having someone who knows the laws of Texas can be invaluable at a time like this.
Source: FindLaw, “Drug Possession Defenses” Oct. 13, 2014