Denton drug cases are typically heard in either county courts or district courts depending on what type of crime it is. If it is a misdemeanor, the crime is going to be handled by the county courts. However, if it is a felony, it will be handled by the district courts. The elements of the Denton drug crimes case determine where the case is handled.
To combat the penalties associated with your drug charge, it is imperative that you consult with an experienced drug lawyer in Denton as soon as possible. An experienced attorney can build a defense to help lessen or dismiss any penalties associated with your charge.
Bench vs. Jury Trials
Whether a drug case in Denton is a bench or jury trial depends on the specific elements of the case. If it is the type of case where a jury may not produce the best outcome, many times, an attorney will request a judge to look at the facts of the case. They can look at the applicable law and make an appropriate decision. the vast majority of cases are most likely handled by a jury.
However, the vast majority of cases are most likely handled by a jury.
Length of the Case
Drug offense cases in Denton can typically take somewhere between a few months and a few years. It all depends on the specific elements of the drug crimes case and how long it is going to take for the prosecutor to make a case.
Sometimes, that will depend on the defense attorneys and what they need to do to help produce a positive outcome on behalf of their client. If an attorney needs to send the drugs to be tested by an independent laboratory that is not operated by the state of Texas, it can take some time. Or, if an expert is needed, sometimes their schedule will not align perfectly with the court.
If that is a part of a lawyer’s defense strategy, it can take some time to get everything in line.
Burden of Proof
In order to prove a drug crimes case, the prosecution will have to prove the elements of the crime. Much of this will depend on what the individual is charged with, but a prosecutor will have to prove every element beyond a reasonable doubt.
There cannot be any reasonable doubt in a juror’s mind that a person is guilty of that offense. If there is any doubt in that juror’s mind, they should find the individual not guilty.
When attempting to prove a drug offense case, the prosecution will often present any evidence they can against a person. For the witness statement, they will present the officer’s testimony.
A lot of times, if they get the drugs tested, they are going to bring in someone from the drug lab who can testify that they tested it correctly and that the methods they used were accurate. They will give expert opinions on what the drug is.
They will attempt to use any elements of the Denton drug crimes case against an individual, including any videos, pictures, or anything else they can use to make their case.
It is often hard to determine what the most contested element will be at trial because the cases vary so widely. No two cases are going to be alike. There may be many similarities, but it is too difficult to determine exactly what will be highly contested.
If there is one element that the prosecution cannot prove, an experienced attorney will attempt to discredit that element to the point that the individual cannot be convicted.
The biggest constitutional issue that tends to come up in Denton drug crimes is whether or not the search was done legally. An attorney will determine if the person’s rights were violated when law enforcement was searching for drugs.
The way an individual is going to be sentenced depends on a variety of factors. An attorney will gather any information pertaining to the type of crime, what kind of drugs were involved, and any other specific elements of the case to decide whether to proceed with a judge or jury trial.
The lawyer will determine whether the crime included a high-speed chase, if an individual was selling to kids, if anyone got hurt in the commission of the crime, and many other factors to determine how to legally proceed.