How to Fight Felony Drug Possession Charges 

 Posted on November 08, 2023 in Criminal Defense

Drug possession charges can have serious consequences, including expensive fines and even imprisonment. However, there are legal defenses available that could mitigate or even dismiss these charges. If you are facing drug possession charges, contact an experienced criminal defense lawyer. As an experienced legal professional, your attorney will sit down with you, review the charges you are facing, and then get to work in establishing a defense as robust as possible. Your Texas lawyer is the best chance you have of obtaining a favorable case outcome. 

Three Possible Defenses to Drug Possession

1. Fourth Amendment violations – One of the most effective defenses against drug possession charges is challenging the legality of the search and seizure conducted by law enforcement. The Fourth Amendment of the U.S. Constitution protects people from unreasonable searches and seizures. This defense can be successful if it can be proven that the search was conducted without a warrant, lacked probable cause, or violated your reasonable expectation of privacy. In such cases, the evidence illegally obtained may be deemed unusable by the court.

2. Lack of knowledge – Another common defense for drug possession charges is claiming lack of knowledge. If you can demonstrate that you were unaware of the presence or nature of the drugs, it can be argued that you did not have the intent to possess them. This defense is particularly effective when multiple individuals had access to the area where the drugs were found, and it cannot be definitively proven that you had exclusive control or knowledge of the drugs. 

3. Prescription or medical necessity – In some cases, drug possession charges can be defended by proving that you had a valid prescription for the controlled substance or that you possessed the drugs for medical necessity. This defense is sometimes used when people are charged with possessing prescription medications without a valid prescription. Of course, if you pursue this line of defense, you will need to provide proper documentation, medical records, and more to support this defense. 

Contact a Fort Worth, TX Drug Crimes Attorney

No one wants to be charged with a crime, especially a crime such as drug possession. Understanding the potential legal defenses available to you can help you navigate the legal system more effectively. Remember, it is essential to consult with a knowledgeable lawyer who can assess your case and determine the most suitable defense strategy. Contact the skilled Tarrant County, TX drug crimes lawyer with The Dameron Law Firm. Call 817-222-0624 for a free consultation.