Even a first-time drug charge can be serious in Longview, Texas. However, there are some ways it might be possible to get the charge dismissed. The best way to go about this is always with the help of an experienced drug crime attorney.
Can You Get a Drug Charge Dismissed If It’s Your First Offense?
If the amount of drugs you were caught with was relatively small, and if you weren’t involved in selling the drugs or any other illegal activities at the time you were arrested, there’s a good chance that, even if you are convicted, you’ll only be sentenced to community supervision. The alternative for a conviction is a misdemeanor charge or a felony, and all of these come with fines and jail time. Whether you can get community supervision or not will depend quite a bit on the circumstances of your case and the experience of your lawyer.
If you had so many drugs that it’s virtually impossible they could have been just for personal use, you could face a more serious charge: manufacturing with intent to deliver, intent to distribute, or even trafficking.
Possible Defenses
Better even than community supervision, of course, is to have your charges completely dismissed. Here’s some possibilities your lawyer may discuss with you:
Did You Have a Valid Prescription?
If the drugs you had were Group 3 or Group 4 drugs, which can be prescribed for legitimate medical reasons, then having a prescription for those drugs should be enough to get the charges dismissed. It doesn’t matter if you didn’t have the prescription on you when arrested. So long as you can produce it and the amount you have isn’t in excess of your prescription, this is a sound defense.
Challenging the Drugs Themselves
Did the police make a mistake in what they found? Even if they didn’t, did they preserve a clear chain of custody from the time of your arrest? If not, it may not be possible for them to use the drugs against you in court. Without the drugs themselves, the case may not be able to go forward at all.
Providing Reasonable Doubt
In a criminal case, the burden of proof rests entirely on the prosecution. You’re not required to prove your innocence—only that there’s reasonable doubt about the state’s version of events. If your attorney can demonstrate to the prosecutor that the evidence is weak or unreliable, the charges may be dropped before trial to avoid an unnecessary use of resources
Arguing Ownership
Did the drugs really belong to you? If they weren’t found on your person but in a shared home or vehicle, it may be possible to argue that they weren’t under your control at all.
Pointing Out Violated Rights
If the police didn’t have probable cause or a warrant to search your home or pull you over, it’s possible that nothing they found could be used against you. Without the evidence found by the illegal search, it might be impossible to bring any charge against you.
Your Drug Crime Attorney in Longview, Texas
Getting charges dismissed isn’t easy, but the best chance to get it done is with an experienced attorney by your side. Contact Ryan Hill Attorney at Law in Longview now for a free consultation.
