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DRUG POSSESSION
So you have been charged with Drug Possession or Delivery of Drugs (possession of marijuana, possession of cocaine, possession of heroin, possession of hydrocodone or possession of codeine , possession of a dangerous drug, possession of Xanax, possession of crack or PCS-Possession of a Controlled Substance, Drug Dealing).
What happens next? By now you should have posted a bail bond and you have received a date to appear in Court to answer the charges. You may have as a condition of your bail bond a requirement that you be drug tested and you may be worried that you might not pass the drug test. If you think you may fail your first drug test, contact me so I can advise you of the best way to keep your bail bond and stay out of jail. If bail bond has not been posted, call us to discuss how to get your loved one home or change the conditions of the bail bond.
THE PROCESS Your first step should be to hire an attorney whom you feel confident in and who also makes you feel comfortable. I know that you feel you want to proclaim your innocence to the entire world right now, but it is probably better to speak with a professional first because sometimes words can be misinterpreted. So don’t speak to anyone about your case right now and talk to me first. As an attorney, our communications are confidential and my legal obligation is to help.
As your attorney, I will, in most cases, begin with reviewing the evidence in your case and interviewing and speaking with the witnesses, the complainants, the officers, the District Attorney or prosecutor, the Judge, and ultimately, prepare your defense package and eloquently present your innocence to the Jury if your case needs to go that far. Your first court date will usually not be your trial date.
Usually there will be two or more court dates so that your attorney can discuss the case with the prosecutor and Judge before a decision to have a jury trial is set. This time also gives us time to prepare our defense and hire our experts, such as a Constitutional rights expert, police procedure expert, a doctor, a toxicologist, a chemist, or character/personality witnesses (a psychologist), or fingerprint expert.
When preparing a defense for Drug Possession or Delivery of Drugs, we start with interviewing our client and reading what the charging officer and his complaint state. We then compare this information with the law, the science the facts. We will also research and study whether drug addiction is a factor and whether counseling, alternate medication counseling, or drug court is the optimal solution rather than a court sentence.
Very often a person may be charged with Drug Possession or Delivery of Drugs because of an accident, mistake, or because of exercising a legal right. These can be valid reasons to have your case dismissed. The Police may have violated your Constitutional Rights such as conducting an illegal search or eliciting your statement without reading your Miranda rights; and that may be a route to have your case dismissed.
Drug Possesssion Charges Q&A : Houston TexasQ: What am I looking at if I win?
A: Your Freedom
Q: What am I looking at if I am convicted of Drug Possession or delivery of drugs?
A:If you are convicted of Drug Possession or delivery of drugs, you are looking at a loss of your driver’s license, probation, or a vast array of sentencing categories unique to certain classifications of drugs and dependent on the amount of the drug.
I can help you avoid a conviction, jail time, and loss of your license by requesting a dismissal or a Deferred Adjudication in your case. Based upon my experience of over 25 years in dealing with these cases, if you are a first time offender, and do not feel you want to have a trial in your case, and yet want to quickly finish with your theft charge without a conviction on your record, my request for deferred adjudication, pretrial intervention, or dismissal is usually granted. A request for a Dismissal usually requires more time and proving to the prosecutor that you are not in fact guilty; or you may have your case dismissed by me challenging the Constitionality of the Police conduct in stopping you, questioning you without reading your Miranda Rights, or searching you or your property. If you have your case dismissed, you may Petition the court to Expunge (delete) your record. If you take and complete deferred adjudication successfully, you may then petition the Court to seal your record from the general public through a petition for non-disclosure as long as you have waited for the applicable time.