General Information for our Clients:
Drug offenses under the Texas Penal Code or the Health and Safety
Code have have taken on significant importance in our area in the recent
past. The tactics one must use to defend the innocent person charged
with a drug offense continually change. Initially one has to determine
with what the defendant is charged through the prism of legal definitions.
The criminal defendant should know that possession is defined in two
separate places in the criminal laws of Texas.
Possession is defined as "actual care, custody, management or control." Additionally,
possession under the law must be a voluntary act. Under the law possession
is voluntary when the defendant "is aware of the thing possessed for
a sufficient amount of time in order to terminate its possession." With
regard to Marijuana, possession must consist of a "usable quantity" --
resin in a pipe would not be enough (but may be possession of drug paraphernalia).
Possession of controlled substances other then marijuana (e.g. cocaine,
meth, extascy, lsd) is based on weight of the alleged substance or number
of "abuse units". The controlled substance weight includes any dilutants
and adulterants.
The State can't always prove the voluntariness (or lack thereof) of
a possession offense or the affirmative link between the illegal substance
and the defendant. Under Texas law mere presence is not enough.
Why You Need an Attorney:
Possession charges must be dealt with aggressively because a conviction
could mean a driver's license suspension and/or could have a disastrous
effect on future educational and employment opportunities.
Such a conviction could bar one from holding certain jobs (teacher,
peace officer). Additionally, non-US Citizens (including permanent residents)
are subject to deportation or removal proceedings even if the non-citizen
receives a deferred adjudication in a felony drug case.
There is a multitude of evidence which must be explored in each drug
case - including, but not limited to the independent evaluation of lab
reports, the quantity of any alleged controlled substance, a plethora
of search and seizure issues, existence of 911 tapes, witness statements,
defenses that may be available , and the admissibility of hearsay statements
made at the scene by either the defendant or a confidential informant
(a/k/a "snitch"). Evidence can be destroyed or lost over time if not
properly requested.
Whether you select us to represent you or some other law firm, make
sure you have an attorney represent you.