How many times have you seen a television show or movie where someone tries to “flush the drugs down the toilet” just before the police bust into the room? What you may not realize is that such actions, standing on their own, are also a criminal offense in Texas. It is known as “tampering with […]

During a traffic stop, a police officer may ask for permission to search your vehicle. You should always refuse permission. If the officer has reason to believe you are hiding evidence of criminal activity, such as violations of Texas drug laws, they can also apply to a judge for a warrant. But once you give […]

There are scenarios where prosecutors elect to treat drug offenses, such as possession with intent to deliver, as part of a larger criminal conspiracy. The Texas Penal Code expressly authorizes prosecutions for “engaging in organized criminal activity,”, which carries potentially harsher jail terms for defendants if convicted. But the mere fact that a person is […]

When it comes to drug crimes, law enforcement need not actually find illegal contraband on your person. If the police execute a valid search warrant for your property and locate illegal drugs, particularly in “plain view,” you can still be arrested, tried, and convicted of drug possession. What matters here is not what is found […]

The Fourth Amendment to the U.S. Constitution normally requires police to obtain a warrant before searching you or your property for potential contraband, such as illegal drugs. But there are several exceptions to this rule. For example, if a police officer observes drugs in “plain view,” the officer can seize that evidence without a warrant. […]

The U.S. Constitution prohibits courts from imposing “excessive bail” in criminal cases. Among other things, this means that courts should not imprison a person accused of a crime pending trial, unless the charges against them are severe (e.g., murder) or there is credible evidence that the defendant poses a danger to the community if allowed […]

Many drug charges in Texas are resolved by a plea bargain where the defendant is placed on community supervision (probation) in lieu of jail time. It is critical to understand, however, that probation is not getting off scot-free. Rather, your freedom is restricted by the terms of your plea agreement, which among other things may […]

Drug charges can quickly escalate from allegations of simple possession to participation in “organized crime.” Indeed, the Texas Penal Code describes a specific offense known as “engaging in organized criminal activity.” This applies to a scenario where the defendant participates “in a combination or in the profits of a combination or as a member of […]

Having a drug charge on your record can have a negative impact on your life even years after the fact. But it may be possible to expunge the record of your drug case after the fact. Expunction is the legal process whereby any files related to a particular criminal arrest is removed from the government’s […]

Drug charges are not limited to possession of controlled substances. Many defendants find themselves facing additional felony charges of “tampering” or “attempted tampering” with respect to evidence of drug possession or use. In other words, if a suspect tries to flush drugs down the toilet as the police are breaking down the door, the suspect […]