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4 Possible Defenses to Drug Charges

Texas police are particularly vigilant when it comes to enforcing drug laws. In fact, according to the Texas Department of Public Safety, police arrest more than 100,000 people annually for drug violations, including distribution, possession and manufacturing.

Dallas drug offenses attorney

 

Depending on the circumstances, a drug offense may be a felony and punishable with a steep fine and several years in prison. With the right defense, though, it may be possible to mitigate the penalties.

If you are facing charges for a drug crime, Dallas DWI lawyer John L. Corn, Attorney at Law can evaluate the prosecution’s case against you and structure a comprehensive defense. Mr. Corn has tried more than 2,000 felony cases, and he has the knowledge and experience to find success in court. To start planning your defense, schedule a consultation today by calling 214-528-4529.

Ignorance to the Law Is No Defense

There are several ways to defend against charges for drug-related crimes. However, according to Texas statutes, it is not a valid defense to claim you were ignorant of state drug laws. The following may be possible defenses in your case:

  1. No Control

According to Texas law, the state must prove that the defendant was in control of the banned substance or drug paraphernalia at the time of the arrest. This can be difficult to refute if police found the drugs on the individual, or on his or her property.

  1. Coerced under Threat

If an individual coerces someone else to take or possess drugs, particularly if it involves a serious threat of bodily injury, it may be possible to argue this as a defense in court.

  1. Incapacitation

It may be possible to argue incapacitation in defense of your drug crimes. The foundation for this argument is that the defendant did not take the drug voluntarily, or that he or she was not mentally sane at the time of the crime.

  1. Police Procedure

Your lawyer can evaluate the police procedures that led to the arrest. There are several regulations that law enforcement must follow in order to produce an effective case, and if police violated a warrant or did not have a reasonable suspicion that the defendant was involved in a drug offense, then questioning the police procedure may be a viable defense.

Defenses against Drug Trafficking or Distribution

Drug distribution and trafficking are felonies in Texas. A lighter sentence may involve 180 days in state jail with a fine of up to $10,000. However, a guilty verdict for a more serious offense may come with a $250,000 file and 15 to 99 years in prison.

If you face charges for drug trafficking or distribution, the following defenses may be effective:

  • The defendant did not know that he or she was in possession of the substance.
  • The defendant was unaware of a fact that directly contributed to the offense.
  • The defendant was forced to transport a drug under threat of physical harm, or harm to his or her family.

If you are facing criminal charges for drug crimes, contact Dallas DUI attorney John L. Corn, Attorney at Law for advice. Schedule an appointment today by calling us at 214-528-4529.

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  • John is the epitome of under promise and OVER deliver… I called Mr. Corn on a Sunday night after my arrest and Mr. Corn spent 45 minutes to an hour with me on the phone without asking for a dime. He was not pushy asking for my business and just told me to give him another call if I wanted him to represent me for my DWI. The result of my situation: DISMISSED. I would recommend Mr. Corn without question.

    ~ Mike P.

  • I found Mr. Corn through a friends recommendation. John has impressed us with his in-depth knowledge of the law and we are truly glad that we found him. Thank you Mr Corn for your professionalism and hard work.

    ~ Dawn D.