The Keys to Winning Drug Cases

The key to defending any case and suppressing the evidence in a “possession” case is showing that the defendant did not “knowingly” possess the drugs (i.e., “Lack of Knowledge”). Often we can demonstrate that what was found in a vehicle or inside a persons house or apartment was left behind by someone other than the defendant, like a roommate, friend, family member, or guest. The defendant was completely unaware that there were drugs in the vehicle or home. There has to be an “affirmative link” to the drugs and the defendant.

When defending against allegations of the “use” of the drugs, we must challenge any claims by the arresting officer of signs and symptoms of drug impairment and refute the claim that he could “smell” drugs in the air. This is accomplished by skillful cross examination. Crucial to any marijuana possession or use charge is suppressing the drug evidence. Without this evidence, the prosecution’s case is weak. It is also very important to thoroughly review the State’s chemical testing and laboratory procedures regarding the identification of the drug and the calculation of the amount of drug contained within the substance. As with all drug cases, quantity matters!

Additionally, we fight marijuana and potential drug convictions from all angles. We assert a wide range of defenses and challenges to constitutional violations that apply in these particular criminal cases. We frequently assert “Miranda rights violations.” In Texas, the standard of whether any incriminating statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon “voluntariness.” If we can demonstrate to the Court that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, the “denial of right to Counsel” is another defense which is often raised. This occurs when a suspect is in custody and requests to speak to their attorney, but is denied the right to contact an attorney and police questioning continues. Other defenses may include challenging the validity of any search warrantor whether there were “forensic flaws” during the investigation of your case. Depending on what you have been charged with, this could include exposing flawed procedures regarding blood, breath, and urine testing, fingerprints analysis, DNA testing, ballistics, gunshot residue testing, computer analysis and the cloning of hard drives and other technical procedures.

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