When you are pulled over by the police, it can be an anxiety-inducing experience. However, you may expect to walk away with a slap on the wrist for speeding or at worst, a ticket. Unfortunately, if you are pulled over and the officer has reason to search your vehicle, you may face drug charges. If this is the case, understanding your legal options and whether or not you can fight the charges is critical. The following blog explores what you should know about these matters and why it’s in your best interest to connect with a Houston drug crimes defense attorney who can help you with these matters.
What Charges Can I Face for Possession?
If you’re pulled over and subsequently face a drug offense, you’ve most likely been charged with drug possession. As such, understanding the charges you can face is critical. In Texas, the charges you can face will depend heavily on the kind of drug you are found with and the amount of the substance in your possession.
In Texas, you’ll find there are several penalty groups that the different classifications of substances fall into. For example, if you are discovered with substances in Penalty Group 1 (methamphetamine, cocaine, oxycodone), you can face the most severe penalties. For example, if you are found with less than one gram of this substance, you will face a state jail felony, while less than four grams is a second-degree felony.
However, if you are found with a Penalty Group 4 substance, anywhere between 28 and 200 grams would warrant a second-degree felony.
Are There Any Defenses for Drug Charges?
If you are charged with drug possession it’s important to understand the potential defenses you can utilize. However, it’s critical to understand that if you are facing charges and want to fight them, it’s in your best interest to connect with an experienced attorney who can fight through these complex matters to offer you the best possible option for your circumstances.
One of the most beneficial defenses is that the traffic stop violated your constitutional rights. If you can prove that the officer had no reasonable cause to pull you over, or that they searched your vehicle without consent or a warrant, you may be able to fight the evidence collected against you. If your rights were violated, your attorney may be able to fight to have the evidence deemed inadmissible, which can weaken the prosecution’s case against you.
Additionally, you may be able to prove that the drugs were not yours. If you are renting or borrowing the vehicle, you may find that you can argue that the drugs were not yours or that you did not know they were in the car.
As you can see, there are potential defenses you can utilize with the assistance of an attorney. At the Gonzalez Law Group, our team understands how upsetting these matters can be, which is why we are determined to assist you through these complex matters. Connect with our team today to learn how we can guide you through these matters.
