Austin Drug Attorney
Austin drug crimes and Texas drug offenses also include the unauthorized use, possession or sale of prescription medications such as:
Defense Strategies in Drug Crimes Cases
Depending on the circumstances surrounding your arrest there are a number of defenses the Austin drug attorney at Stephen T Bowling & Associates may use in your defense. With multiple drug attorneys being prior law enforcement we know where to look for errors. A few of the drug defenses we utilize include:
Unreasonable Search & Seizure: The police may have conducted an unreasonable search and seizure if they lacked probable cause to stop you or search your vehicle. Any evidence in your case which was illegally obtained may be thrown out, making it very difficult for the prosecutor to convict you.
No Control or Possession: You may not have had control or possession of the drug. As an example, you are going to the movies with your friends when the police stop the car. One of your friends stashes his drugs under the seat and the police finds them. Your Austin drug attorney can argue you were not in possession of the drugs and had no control over them. Simply being near drugs at the time they are found is not sufficient to establish possession. This applies even if you were aware your friend had drugs.
Lack of knowledge or awareness: Lack of knowledge of the drug is similar to no control or possession. The difference is in this instance you had no knowledge of the existence of the drugs. As an example, you are driving your car and are stopped and searched. A friend had dropped a small amount in the backseat before you dropped him off. The drugs are found in the car. If you truly had no knowledge of the drugs existence, your drug attorney can argue this to the prosecutor.
Valid Prescription: If you were arrested for possession of a prescription drug but later prove you had a valid prescription you cannot be convicted for possession of a controlled substance. However, even with a valid prescription, you can still be charged with intent to sell if you possess significantly more of the controlled substance than normal.
Momentary Possession: You may have only had momentary possession of the controlled substance; perhaps another person handed the drug to you in an effort to keep from getting charged or perhaps you found the drug in your home during or after a party and were about to dispose of it when you were arrested. If you also did not intend to prevent law enforcement from obtaining the controlled substance, then your drug attorney may be able to show you only had momentary possession of the drug.
Lacked Intent to Sell: This defense applies when you are charged with possession with intent to distribute. It is that you simply lacked the intent to sell the controlled substance, instead you possessed the drugs only for your own use.
Several factors go into fighting a drug charge. Your experienced Austin drug attorney will look into your Miranda Rights and if they applied at the time of the arrest. The Right to Remain Silent was is an area that may be violated. The penalties for drug offenses are based on the type and quantity of the drug, whether it was intended for sale, and if the person has any prior convictions.
Let us Answer your Questions
If this is your first time being arrested you may be feeling nervous about what’s next. Our drug defense attorney is happy to explain the process to you, what to expect, the possible outcomes based on your facts, and answer any questions you have with a Free Consultation. We keep you up to date and are in constant communication via our Client Center and phone calls. We fight to get you the second chance you deserve.
If you’ve been arrested on any type of drug charges, the Austin drug attorney at Stephen T Bowling & Associates can provide the aggressive and experienced representation required to fight your charges.
Contact Our Austin Drug Attorneys
If you have been arrested or are under investigation for drug charges, the Austin drug defense attorneys at Stephen T Bowling & Associates are here to fight for you. Our drug defense attorneys are happy to explain the process to you, what to expect, the possible outcomes based on your facts, and answer any questions you have with a Free Consultation. Submit a Free Consultation here or call today.
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