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 […]

Although most simple drug charges are handled at the state level, federal prosecutors may get involved when there is evidence a particular defendant possessed controlled substances–including marijuana–with the “intent to distribute” the drugs. Note that prosecutors do not need to actually prove the defendant sold or distributed marijuana. The law only requires the government to […]

When it comes to possible drug charges, the less you say to the police, the better. There is a good reason criminal defense lawyers constantly tell their clients to never volunteer information: Even seemingly irrelevant material can come back to bite you at trial. Appeals Court Cites Defendant’s Own “Incriminating Statements” in Upholding Felony GHB, […]

Drug charges involving possession typically arise from the police finding illegal narcotics on the suspect’s person. But what if the police simply find drugs in a room where you happen to be sitting? Is mere proximity to drugs enough to support a conviction for possession? To help answer these questions, the Texas Court of Criminal […]