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3 Common Defenses to Drug Possession in TX


Getting arrested for drug possession in Texas can be a frightening, stressful, and embarrassing situation, especially if it is your first time dealing with the police. A conviction carries harsh criminal penalties, including costly fines and potentially a long jail or prison sentence.

However, just because you were arrested does not mean you are automatically guilty of the alleged offense. The prosecution must prove – beyond a reasonable doubt – you were in possession of a controlled substance, which is why it is imperative to hire a criminal defense lawyer to help you either avoid conviction or reduce the charges/penalties you face.

Your attorney can thoroughly examine the facts and circumstances of your case and figure out which legal defenses might apply. There are some defenses that challenge the evidence in the case, while there are others that identify the legal errors made.

Here are three common defenses to drug possession in Texas:

  • You do not own the drugs – One of the most common legal defenses is you simply did not commit the crime because the drugs belong to another person. According to the “unwitting possession” defense, which means you did not know you were in possession of drugs despite having actual possession. For example, if you borrow your friend’s car and end up getting pulled over by the police, who find drugs in the vehicle that you are unaware of, you may not be held liable for actual possession. Another similar defense is “lack of possession,” which can happen if are pulled over with multiple people in the car and the police have a difficult time determining who owns the drugs in question.

  • Illegal search and seizure – The Fourth Amendment to the U.S. Constitution grants every citizen protection against illegal searches and seizures, meaning law enforcement officials must obtain consent from the driver, probable cause, or a warrant to search someone or a vehicle. If the police illegally searched and seized evidence from your vehicle, any evidence gathered is considered inadmissible in court. Without key evidence to use against you in court, your entire case could be dismissed.

  • The drugs in question are not what they appear to be – You can only be charged with drug possession if you were in possession of a controlled substance. However, if the police find a bag of white substance or herbs in a Ziplock bag and charge you with drug possession, but the substance in question is a household item like flour or oregano, you can prove the harmless nature of the substance through lab testing.

From missing drugs to entrapment, there are other legal defenses The Alband Law Firm can explore to help you obtain the most positive outcome in your case. As a former prosecutor, our Fort Worth criminal defense attorney understands what it takes to find weaknesses in the prosecution’s case to get the best possible results for our clients accused of drug crimes in Fort Worth.

Contact us today at (817) 997-4366 for a free consultation. Available 24/7!