When driving, the last thing you want to see is flashing lights behind you. However, when you pull over, your worst expectation may be a traffic ticket. Unfortunately, you may leave the scene in the back of a police car if the officer finds drugs in your vehicle. If you are facing drug charges stemming from a traffic stop, understanding the potential defenses you can utilize is critical. This blog explores what you should know about these matters and how Houston drug crime lawyers can help you face the legal system.
What Drug Charges Often Result from Traffic Stops?
If you have been pulled over and the police find drugs in your vehicle, you will most certainly face a drug possession charge. Unfortunately, Texas has some of the most strict substance laws in the country, even for substances like marijuana, which is legalized in many states.
As such, the penalties you can face for drug possession are severe. However, they will depend on the kind and amount of drug in your possession. For example, if you are found with less than one gram of a Penalty Group 1 substance, you can face a state jail felony.
However, depending on the type and amount of drug in your vehicle, you can also be charged with a trafficking offense. This will drastically increase the consequences you can face. Trafficking charges often result in a first-degree felony in Texas.
What Potential Defenses Can I Utilize?
If you are found in possession of drugs during a traffic stop, you may assume there is nothing you can do about the charges you’re facing. However, this is far from the truth. In reality, you can fight the charges against you, depending on the circumstances of your case.
One of the most useful defenses that may apply to your circumstances is to show that you were the victim of an unreasonable search and seizure. If you can prove that the traffic stop initiated by the police was unreasonable or that your vehicle was searched without your consent or a warrant, it can show that your constitutional rights were violated. As such, you’ll find that your attorney may be able to have the evidence collected against you deemed inadmissible. This can severely impact the prosecution’s case against you.
Another potential defense would be to illustrate that you didn’t know about the drugs. For example, if you borrow a friend’s car or rent a vehicle, you may not have known there were drugs in the car. As such, you may be able to avoid liability.
You shouldn’t try to navigate the criminal justice system on your own. Unfortunately, attempting to fight the charges against you on your own can have unfavorable impacts on your case. That’s why it’s critical to connect with an experienced attorney from the Sparks Law Firm, PC. We understand how complicated these matters can be, and will work to examine all aspects of your case to fight for a favorable outcome. Connect with us today to learn more.
