In Texas state and federal courts, the war on drugs continues to rage.  Anyone charged with a drug crime in Texas needs a skilled criminal defense attorney who knows how to uncover hidden facts and who has a has a firm grasp on state and federal law. 

There is more than one way to beat a drug case.  Of course, one way is to show that you did not have care, custody, or control of the drugs in question. However, sometimes that is not a viable defense.  Often times, a successful outcome in drug cases depends on how the police came to discover the drugs in your possession.  The actions of the police must always comport with both the Federal and State Constitutions, and in Texas, a person accused with possession of a controlled substance or marijuana has the added protections of Texas Code of Criminal Procedure article 38.23.  Basically, this means that if the police did not follow the law when they obtained evidence in your case, then they cannot use that evidence against you in court. 

However, the police don’t usually admit when they have violated the law.  Only a thorough investigation can uncover what really happened.  Luckily, there are ways to uncover the truth.  For example, marked police cars often have GPS which can be discovered to fact check an officer’s police report, controlled buys used to establish the basis for a search warrant have associated police reports, draw reports, and expense logs, and the presence of body worn cameras often establishes constitutional violations.  I have been successful in using these tools to help my clients in many drug cases.   

There are many reasons that a judge can suppress, or exclude, evidence.  If you in were pulled over while driving, and the police searched your car, then the police must prove they had both a reason to pull you over and a reason to search your car.  Hopefully, you did not consent to the search–you never should–but even if you did, it is possible that the police’s conduct tainted your consent so that it was invalid.  If the police searched your home and found drugs, then it is possible to attack the warrant the police used to get into your house.  

The bottom line is that you need an attorney who will put in the time to discover the facts of your case and research the law related to those facts.  Often times, a thorough investigation will uncover evidence showing that the police violated your Constitutional Rights.  Any evidence obtained in violation of your rights cannot be used against you in court.  I have experience in investigating and litigating these constitutional claims, and will leave no stone unturned when representing you.  If you were caught with drugs, don’t just give up, call me and see what my firm can do for you.