Understanding What A Possession Of A Controlled Substance Conviction Means
The Denton Police Department recently reported that a Denton parole officer was recently arrested after buying hydrocodone pills from a parolee. Law enforcement witnessed an exchange between the officer and a parole in the parking lot of the location where the parole officer is employed. The parole officer was placed in the Denton County Jail and charged with possession of a controlled substance. Law enforcement investigators were informed of the man’s planned meeting a parolee for the purpose of obtaining hydrocodone and were able to observe the exchange in question prior to making an arrest. While possession of a controlled substance is a common offense, these charges can have particularly severe consequences for a person’s future. There are many factors that influence whether these offenses will be treated as felonies or misdemeanors including the amount and type of drugs that involved. Some of the other factors include whether a person was found in possession or drug paraphernalia or has a criminal record of other drug offenses.
Potential Defense to Drug Possession Charges
Depending on the details surrounding a person’s drug possession charge, a person might be able to raise a number of defenses to drug possession charges. One of the reasons to contact a highly experienced attorney if you are charged with this type of offense is that the lawyer will be able to review your case and determine the best potential defense that you can use. Some of these defenses include the following:
- A person can sometimes raise a defense that the drugs in question actually belonged to another person. In some cases, however, individuals can be found guilty even if the drugs were not theirs. The state of Texas is required to establish that beyond a reasonable doubt a person had actual possession of the drugs in question. To prove possession, prosecution for the state must establish that an individual acted intentionally with full knowledge that drugs were in the person’s possession. While cases like the law enforcement officer discussed in this case are easier to prove, possession of drugs can prove particularly challenging if multiple individuals are present in a home or vehicle.
- If a person was forced to carry drugs for another person, a defense can likely be raised of coercion or duress.
- If evidence is improperly handled or lost during a trial, this can significantly weaken a person’s case.
- Individuals can sometimes raise immunity because they required medical help for an overdose of a controlled substance or illegal drug.
- Law enforcement or authorized government agents unlawfully searched or seized a person’s property. A person has a right to Fourth Amendment protections, which guards against unreasonable searches and seizure.
- Sometimes drugs might look illegal in nature when they are really not controlled or illegal substances.
Obtain the Assistance of a Skilled Criminal Defense Lawyer
Being convicted of a criminal offense can result in a person facing some very serious charges. Consider contacting a talented criminal attorney today to make sure that obtain the assistance that you require. A skilled attorney at Wheeler Law Office will fight tirelessly to make sure that your case will resolve in the best possible manner.
(image courtesy of Daniel Tafjord)