The Woodlands Drug Possession Lawyer: What Kind of Attorney Handles Your Case?

April 13, 2022

If you’re arrested or fined for drug possession, you need an experienced criminal defense attorney immediately. They will efficiently use their expertise to protect your rights and minimize the risk of a drug conviction. A skilled Woodlands drug possession lawyer knows the possible defenses, understands all relevant laws, and grasps the importance of every factor affecting your case.

Some defense attorneys challenge the evidence, testimony, or facts presented by the prosecution. They may also target procedural errors and challenge the charges based on an affirmative defense—meaning they present evidence indicating you acted legally, showing the prosecution doesn’t have a strong case.

Below, we discuss the most common defenses used by a drug possession lawyer.

Challenging Unlawful Search and Seizure

The U.S. Constitution protects citizens from government overreach. Generally, searches without a warrant are illegal. For example, an officer cannot open your car trunk without permission to search, nor can a drone photograph a hidden field.

However, legal authorities can conduct searches under certain circumstances. If an officer sees drugs on your car’s dashboard or smells the odor of burnt marijuana during a routine traffic stop, they may seize the drugs as evidence found in “plain view.”

A skilled attorney will challenge these circumstances. If the police illegally find evidence by violating your rights, the court will likely suppress that evidence. When crucial evidence is suppressed, the government often has no choice but to drop the case.

Steve Dennis has successfully won many suppression hearings in misdemeanor and felony drug cases over the last 22 years.

Arguing Lack of Possession or Control

You might be tempted to simply tell the police the drugs aren’t yours, but this alone isn’t a strong argument. Authorities can still convict you for drug possession if they can prove you had access to or control of the drugs (known as constructive possession), even if the drugs weren’t physically on your person.

Therefore, never give a statement to the police or authorities without first consulting your criminal defense lawyer. They can guide you through this complex defense.

Disputing Crime Lab Analysis

Evidence isn’t always what it seems. A substance that looks like cocaine or LSD may not actually be an illegal drug. The prosecution must prove the seized substance is what they claim, which requires a crime lab analysis.

Your defense lawyer can raise concerns about discrepancies or errors in the crime lab report. They can also require the lab analyst to testify at trial, giving your attorney the chance to challenge their findings.

Identifying Chain of Custody Problems

Another effective drug possession defense is challenging the chain of custody. When authorities seize drugs, they must meticulously track and secure them in an evidence locker.

In court, your attorney can question whether the drugs presented as evidence are, in fact, the exact ones taken from you. Any break or unexplained gap in the chain of custody—which tracks who handled the evidence and when—can raise reasonable doubt and be grounds for dismissal.

About Steve Dennis, The Woodlands Drug Possession Lawyer

A dedicated criminal defense attorney will help you fight serious drug conviction charges against you. Steve Dennis will make your case a priority and invest the time and effort to get you the best outcome possible. Steve’s clients in Montgomery County trust him because he has the experience and skills to win the case.

For more information, contact us at (936) 539-1234, email us at stevedennislaw@yahoo.com, or fill out the contact form.