Have you been arrested for drug possession or delivery in Houston or anywhere in Texas? You are not alone. Every year, the police in Texas arrest more than 100,000 people on drug related charges.
The penalties for possession or delivery of drugs can vary greatly. Also, cases involving drugs can be filed in federal court or in State court.
Despite the fact that drug cases can vary in many ways, there are common principles that drug cases have in common that an experienced criminal defense attorney can use to successfully defend your case.
Drug cases almost always involve a search of some kind. This can include the search of a person, a car, home or place of business. One key to challenging a case involving the possession of delivery of drugs is to challenge the legality of the search.
The United States and Texas Constitutions, as well as some statutes, protect an individual’s right to be free from unreasonable searches and seizures. This body of law is known as search and seizure law, and controls whether the police, among other things, have the right to search or arrest someone or properly applied for or executed a search warrant.
Very often, police engage in improper searches or seizures that violate person’s rights. When this occurs, an experienced criminal defense attorney will attempt to have evidence that is the “fruit” of the police’s improper behavior “suppressed” in court, meaning that the judge will not allow it to be used in court against a defendant. When this happens, it often leads to the dismissal of a case.
While search and seizure law provides a valuable tool to defend criminal cases, it can be complicated and is constantly evolving, so it is important to hire a criminal defense attorney well-versed in this area of the law.