How Can You Fight Drug Possession Charges in Texas?

 Posted on April 14, 2025 in Criminal Defense

Drug crimes, such as drug possession, can carry hefty consequences in Texas, especially if you have an existing criminal record. If you are facing drug possession charges, a Llano, TX drug crimes attorney is your best available option for challenging the allegations and evidence against you. Your defense strategy will be the result of careful investigation into the details of your case, but some common defenses may suit your circumstances.

What Are Some Common Defenses Against Drug Possession Charges?

There are many ways to fight a drug possession charge. Some common and effective methods include:

• Illegal search and seizure: You have a constitutional right that protects you from unlawful search and seizure. If the police secured the evidence that led to your charges and did not have probable cause or a warrant, you can argue to suppress the evidence.

• Lack of knowledge: If you borrowed an item from someone, such as a car, and did not know that drugs were present, your attorney may argue that you did not knowingly obtain or possess the drugs.

• Lack of possession: Whether the charges claim that you had actual or constructive possession matters. Actual possession refers to having them on your person, but constructive possession means you have the ability to control them. If drugs were found in a shared living space, for example, you can argue that they were not yours.

• Possession under coercion: If a threat of harm was used to force you to possess the drugs, your attorney will need to prove that you were under duress and that the threat against you was credible.

• Legal prescription: If you have a valid prescription for the drugs found in your possession and you can provide the evidence to prove it, the charges against you will likely be dismissed or reduced.

• Chain of custody problems: The evidence may be labeled unreliable if there are discrepancies in the chain of custody, such as improper storage or questionable laboratory records.

This is not a comprehensive list of potential defenses. Your legal representative will explain what option could best combat the charges against you.

How Are Simple Possession and Possession With Intent To Distribute Different?

Part of building a defense is understanding the exact charges against you. A simple possession charge is likely in cases where a small amount of the substance was found, typically for personal use, which is still illegal in Texas and according to federal law. A large amount could constitute a possession with intent to distribute charge because the implication is that the amount was too much for personal use alone. The penalties for simple possession are less severe.

Contact a Llano County, TX Drug Crimes Attorney Today

The Marble Falls, TX drug possession lawyer at the Law Office of Russ Alan Baker, PLLC has a degree and educational background in biology, making him uniquely qualified to handle cases that involve scientific evidence, like drug crimes. We believe in your right to challenge the charges against you in court and will create a robust defense strategy based on the circumstances of your arrest. Call 325-216-2006 today to schedule an initial consultation.