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Brese-LeBron Law, PLLC

Get Your Questions Answered
(903) 865-3803

Charged With A Drug-Related Crime In Texas? Your Top Questions AnsweredIn this article, you can discover…

  • Steps to take after you’ve been charged with a drug-related crime.
  • The helpful role counseling and treatment programs can play.
  • Potentially viable defenses your attorney may use.

What Are The Most Common Types Of Drug Cases That Your Firm Handles?

Brese-LeBron Law handles a large number of cases involving possession of methamphetamine, manufacturing/delivering methamphetamine, as well as possession and manufacturing/delivering other substances such as cocaine, THC, heroin, fentanyl, benzos, and opiates. 

What Steps Should I Take If I’ve Been Charged With A Drug-Related Crime In Texas?

The first thing you should do is contact an attorney. Do not discuss the details of your charges, arrest, or the allegations you face with anyone but the attorney with whom you have a working relationship. Discussions with your family and friends are NOT privileged and those individuals could be called as witnesses to testify against you later. Only conversations with attorneys are confidential, privileged communication. 

Understand that, to secure your freedom, you may have to comply with conditions of bond. These are a set of rules you must follow to stay out of jail before your case is resolved. In many cases, these conditions of your bond require reporting to bond supervision, usually at the local probation office, and drug testing. As a result, if you are actively using, refrain from any further use after arrest. If you need to seek treatment or support to stay clean and sober, begin attending a group like AA/NA or Celebrate Recovery.

Can Counseling, Programs, Or Meetings Be Helpful?

Yes. Apart from helping you stay sober after an arrest for legal purposes, AA/NA and similar recovery programs can be helpful on an emotional and social level. These meetings can also be of value as your case progresses, as many prosecutors and judges believe strongly in treatment and support groups. This also shows that you are serious about making a lasting life change. 

Keep a log of your attendance and have the meeting leader sign your log each time you attend. If attendance is online, you can always take a screenshot of the cover page at the beginning of the meeting. “In The Rooms” is a great online resource for those who cannot make it to an in-person meeting. 

Also, begin identifying, if you can, underlying triggers for use and start talk therapy to address the root issues of your substance use. When we talk about “triggers” for use, we mean circumstances or thought patterns that make a person seek comfort or numbness by using drugs, rather than addresses the actual issue. Examples of triggers can be grief, stress, or unresolved childhood trauma. 

Finally, identify an outpatient treatment program nearby. Even if you don’t immediately attend this program, being aware of where it is and when it meets can help you quickly begin attending classes if required for a plea deal. Outpatient treatment programs involve a variety of courses and meet at various times throughout the day and evening. Some programs incorporate AA/NA recovery into their program, in addition to other classes designed to teach coping skills to address triggers without drug use. 

What Are Potential Defenses That Are Viable In A Serious Drug Case?

One of the biggest defenses your attorney can use is suppression of evidence that was illegally obtained. If the police illegally searched your vehicle or person, any evidence collected this way could be inadmissible. This would be challenged by your attorney filing a motion with the court, followed by an evidentiary hearing in front of the judge. If the motion is granted, the evidence in question cannot be used later at your trial. If the motion is denied, however, the evidence discussed in the hearing can still be used in your trial. 

Your attorney may also question whether the State has enough affirmative linkage between you and the drugs or between you and the alleged distribution behavior. Affirmative linkage means there is sufficient connection between the person accused of the behavior, whether that’s possession or manufacture/delivery. Examples of affirmative linkage would be, drugs were found in the accused person’s pocket. 

One defense that definitely does not work in Texas is “those aren’t my drugs,” followed by the argument that the jacket you were wearing or the car you were driving belonged to someone else. Part of the reason for this being an issue, aside from rational thinking and logic, is that the threshold for legally possessing a substance is quite low. This defense generally will not work in court, and your attorney will seek other, more workable legal avenues in your defense. 

At What Point In A Drug-Related Case Should I Hire A Texas Drug Defense Attorney?

Immediately. It is never too early after your arrest to call a caring, seasoned defense attorney to answer questions, and provide the quality counsel that you need. If you believe charges might be filed, call even before you are arrested and at least schedule a consultation with a defense attorney. 

For more information on Charged With A Drug-Related Crime In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (903) 865-3803 today.

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