What are the defense strategies for drug charges?

In Texas, there are several defense strategies that can be used to fight drug crime charges. One of the most commonly used strategies is to challenge the legality of the search and seizure that resulted in the discovery of the drug or drugs. If law enforcement officers did not have a valid search warrant or probable cause to search an individual or a residence, any evidence discovered as a result of an illegal search can be excluded from the case. Another common defense is to challenge the chain of custody for any drugs that were seized. In this scenario, the defense would question whether the drugs that were located were the same drugs that were present at the time of the arrest. When drugs are tested by a lab, the chain of custody is used to establish that the drugs that were tested are the same ones that were initially seized. If the defense can establish that the chain of custody was not kept, then the drugs may not be admissible as evidence in court. Other defense strategies that are used in Texas for drug cases include arguing lack of knowledge, arguing a case of prescription medicine, and arguing a case of entrapment. In a case of lack of knowledge, the defense must prove that the accused did not have knowledge of the drugs being present and had no intent to possess them. In cases of prescription medicines, the defense must prove that the accused was in possession of a valid prescription. In cases of entrapment, the defense must prove that the accused was coerced into committing the crime. Each drug crime case in Texas is unique and must be examined carefully to determine which defense strategies are best suited for that particular case. A qualified attorney can help an accused individual assess their options and put forth the best possible defense.

Related FAQs

What is the difference between civil and criminal forfeiture?
What is the difference between an unlawful search and a warrant?
What is the difference between a plea bargain and a plea agreement?
What is the difference between a drug-related offense and a drug-free offense?
What are the different drug laws?
What are the elements of a diminished capacity defense?
What are the basic principles of drug testing?
What is distribution of a controlled substance?
What is the federal penalty for drug possession?
What is the difference between a jail sentence and a prison sentence?

What are the defense strategies for drug charges?

Related FAQs

Related Blog Posts