How a Drug Possession Attorney Can Help Your Case
One of the most common questions we are asked is, “How does the legal process work after I’ve been charged with drug possession?” In the beginning stages, we gather evidence to make your case strong. We also will determine whether or not a plea negotiation is valid for your drug case. Several months later, we have a hearing with the prosecutor to look at the evidence and determine whether or not your case should be dismissed, have a suppression hearing, be plead out, or go to trial. When drugs are found illegally, we do everything in our power to get a suppression hearing for our clients.
Intent to Manufacture, Deliver, or Distribute Defenses
The prosecutor must prove that you knowingly or intentionally delivered, distributed, or manufactured a controlled substance or marijuana in Texas. Depending on the amount of drugs found, the offense can be a state jail felony or a first-degree felony. One of our drug crimes attorneys can combat your charges by determining whether or not your search or seizure was valid.
Federal Drug Charges & Marijuana Charge Defenses
If you or a loved one have been charged with federal drug crimes or marijuana charges in Texas, it’s time to hire a drug possession attorney in Texas from the Law Offices of Maverick Ray LLC to protect your rights throughout the experience. The defense strategy that we create will depend on the type of drug involved, how much of the drug there was, and what the details of your particular case are. Some possible defenses include unreasonable search or seizure or maybe the drugs weren’t yours by constructive possession. This means that you didn’t possess drugs on you, but they were in your car, on your property, or in your home.
Talk to a Drug Possession Attorney Today
It’s important to immediately retain the legal services of an experienced drug possession attorney in Houston after you’ve been charged and arrested. To schedule a free consultation with a Houston drug crimes attorney from The Law Offices of Maverick Ray LLC, call 281-947-2007 today. During this phone call, we can discuss your case and charges, tell your side of the story, and ask any questions you may have about the legal process ahead. Our legal team is always ready and willing to work diligently to protect your rights and to represent you when you need them most.
I Got Busted with Drugs: What Can I Expect?
One common question my clients always want to know is, how does the process work? If you are charged with a drug crime you can expect your case to follow a similar path up until it goes to trial:
- In the first few court settings, not much happens. Maverick will sign onto your case and reset it as the investigation by both sides begins. As time goes by, more and more evidence is discovered and plea negotiations begin. Maverick will begin digging into the facts of your case and determine what defenses, if any, you have.
- A couple months into the process, Maverick and the prosecutor will look at their evidence and decide if your case is one that either needs to be dismissed, go to trial, have a suppression hearing, or be plead out. Depending on the facts and evidence in your case, it is often best to proceed to trial and see how the remaining evidence falls into place. Sometimes drugs may be found illegally and against your rights, in this scenario it may be best to have a suppression hearing.
- Often a suppression hearing will be dispositive, meaning you agree with the prosecutor that if you lose the hearing you will plead guilty to a certain punishment. If you win, the case will be dismissed. Maverick understands that patience can work to your benefit and will wait for all of the facts to materialize before advising you on the course of action to take.
- Trial dates are usually set several months into the future. Once your case is set for trial, Maverick will begin to prepare your case, often investigating each witness, conducting scene visits, and subpoenaing the evidence needed. Even if you case goes to trial, the evidence can still be suppressed at this time if testimony indicates that your 4th Amendment rights were violated. Maverick knows there is always a fighting chance even when your case appears bleak in the offense report and isn’t scared to roll the dice when you don’t get the offer you were expecting.
Possession Crimes: Hire an Attorney Who Knows How to Suppress the State’s Evidence.
Whether you were caught with a small amount of weed or a large amount of a controlled substance, let Maverick attack the way the evidence was obtained. People think they are guilty simply because they were caught with drugs. This is NOT the case. You are only guilty once you are found guilty, and you can’t be found guilty if the drugs can’t be used at trial.
Having a criminal defense lawyer who knows the mechanics of drug suppression can be the difference in losing your freedom and keeping your constitutional rights from being violated. If the drugs you possessed were obtained through police coercion or without a search warrant, there is a good chance the evidence was obtained illegally. Even a valid search warrant or your consent can be and will be challenged through Maverick’s aggressive approach.
The government must prove that you had possession—meaning you had care, control, custody, or management of the drugs or drug paraphernalia. Often times, there is a reasonable doubt about this issue. The drugs could be found in a common area, in someone else’s purse or car, or could have been planted on you without your knowledge. If you are serious about fighting your possession charge, give Maverick a call.
Approaches to Defeat Your Manufacture or Delivery Charge
The prosecutors have to prove that you intentionally or knowingly delivered or manufactured a controlled substance or marihuana.
Depending on the amount of drugs the offense could be either a state jail felony or a first degree felony. This means for the smallest amount of drugs you are looking at least 180 days in state jail and for a very large amount up to life in prison.
A skilled criminal defense attorney can combat these charges in many different ways. Depending on the search or seizure, the drugs could be suppressed. If the tip is based on a confidential informant, the informant’s specific knowledge and credibility could be attacked. If you just had a large amount of drugs in your possession, the prosecutors must then prove you intended to deliver or sell the drugs; in this case, an assault on the actual elements of the offense would need to be utilized. No matter the facts, Maverick can develop a plan of action to fight your case.