The Ultimate Guide To A Drug Defense: A Former Prosecutor Breaks Down The Law! (2021)

The Ultimate Guide To A Drug Defense: A Former Prosecutor Breaks Down The Law!

Common Tarrant County Drug Crimes
Drug crimes can be felonies or misdemeanors depending upon the activity, type of drug, and amount of drug. Drug crimes are classified into three categories: possession, delivery, and manufacturing. The Texas Penal Code defines the various drug crimes.
• Possession: The knowing or intentional possession of a controlled substance. There are two types of possession: (1) actual possession– direct, physical possession, such as in the pocket or hand and (2) constructive possession – the drugs are in a place under the custody and control of the individual, such as home or car.
• Delivery: The knowing or intentional transfer of a controlled substance from one person to another. Delivery encompasses drug sales, trafficking, distribution, transfer, and gifts.
• Manufacturing: The growing, production or preparation of a controlled substance. Manufacturing can involve simply harvesting marijuana, mixing chemicals, or purchasing or possessing chemicals commonly used to create controlled substances such as methamphetamine.
What Is a Controlled Substance?
The Texas Controlled Substances Act of the Texas Health and Safety Code enumerates which drugs are banned in the state of Texas. In addition to controlled substances, drug paraphernalia and counterfeit substances are also illegal in Texas.

Drug paraphernalia includes tools used to sell, deliver, or consume drugs such as pipes, bongs, or scales. Counterfeit substances are non-controlled substances that are disguised as and marketed as controlled substances.

Common controlled substances in Texas include street drugs such as:
• Marijuana
• K2/Spice
• Cocaine
• Heroin
• Crack
• Ecstasy
• Methamphetamine
• PCP

Prescription medications can become controlled substances when the individual does not possess a valid prescription. These pharmaceutical drugs include:
• Painkillers such as Oxycontin
• Depressants such as Xanax
• Sleeping pills like Lunesta and Ambien
• Stimulants for ADHD like Adderall

Some of the most common and successful defenses against Drug Possession charges include:

Not Your Drugs
There are all kinds of situations where the person in possession of the drugs can be called into question. Say, for example, you were at a party where drugs were present. Or they were found in your car or apartment. A skilled Texas criminal attorney will demand that prosecutors offer definitive proof that the drugs were yours and did not belong to another partygoer, car passenger, or houseguest.

Not Actually a Controlled Substance
This one may seem crazy, but it is not all that uncommon for people to be arrested for substances that look like illegal drugs even though they are not illegal. Do not assume that this is a simple error that will correct itself. If you were arrested or charged for possessing a substance that is not actually illegal, fight to make sure it is tested in a lab and those results are admitted into evidence.

Drugs Have Gone Missing
The state cannot convict you of a drug crime if they don’t have the drugs they say they found on you. Experienced lawyers know to ask for the drugs to be presented, because more often than law enforcement would like to admit, drugs get lost somewhere along the evidence chain as they are moved from place to place.

Illegal Search and Seizure
This is the one type of police “misconduct” that does come up in a lot of cases. Essentially, there are specific procedures that must be followed by police when searching suspects, and these rules are often bent — if not broken — in drug possession cases.

FOR YOUR FREE EBOOK: WHAT TO DO IF YOU HAVE BEEN CHARGED WITH A CRIME IN TEXAS
CLICK HERE https://www.criminalattorneyfortworth.com/what-to-do-if-charged-with-a-crime

0:00 The Ultimate Guide To A Drug Defense: A Former Prosecutor Breaks Down The Law!
01:18 What is defined as “Possession” regarding drug crimes?
02:00 What is defined as “Delivery” regarding drug crimes?
02:31 What is defined as “Manufacturing” regarding drug crimes?
03:40 What is “Controlled Substance?”
04:35 What are some examples of common “Controlled Substances?”
04:52 What is considered as “Prescription Medication?”
06:40 What is “Valid Probable Cause?”
07:30 How is Probable Cause determined?
09:14 What does “Motion to Suppress Evidence” mean?
10:00 #1 possible defence to beat drug charge
11:10 #2 possible defence to beat drug charge
11:45 #3 possible defence to beat drug charge
13:40 Remember: always hire an experienced attorney!

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