Because there are many complicated elements that go into proving Lubbock drug offenses, it is important to retain the assistance of a qualified defense attorney as soon as possible if someone is facing drug charges. A knowledgeable lawyer can help explain how the prosecution must prove their case beyond a reasonable doubt, and that a defendant is not obligated to make any self-incriminating statements during their defense. Read on to learn more about what goes into proving Lubbock drug offenses, as well as the ways a weathered narcotics lawyer could fight for your case today.
What Does the Prosecution Need to Prove in a Drug Crime Case?
When proving Lubbock drug offenses, the prosecution first needs to show that the alleged substance is a drug that is considered illegal. In a possession case, it will need to be shown that the defendant had improper care, custody, and control of the drug. In addition to possession, if the prosecution is alleging any type of possession with the intent to manufacture or deliver, they must also prove that the defendant had that intent. This can be shown in various ways, including direct or circumstantial evidence.
Other issues that may arise when proving Lubbock drug offense include where the drugs were found. If it is alleged that the defendant possessed the substance within a drug-free zone, that is a specific legal term for the state of Texas. A drug-free zone is a special place that is supposed to be protected from the use of controlled substances, such as a school, park, or daycare center. Typically, an individual with narcotics is not allowed to be within 1,000 feet of a drug-free zone.
An issue with this statute is that when proving Lubbock drug offenses, the prosecution does not have to prove that the defendant had the intent to be within the drug-free zone. This can be a problem within small cities such as Lubbock county where the police may stake out an area on the highway that was within 1,000 feet of a drug-free zone and stop motorists who they believe may be possessing narcotics. Possessing drugs in a drug-free zone can act as an aggravating factor to one’s charge, even if they had no intention to distribute, sell, or possess that drug in the area. This could increase one’s penalties from a third-degree to a second-degree charge, potentially resulting in a longer amount of time spent in jail.
The Role of a Professional Defense Attorney
While considering what may happen if the prosecution succeeds in proving Lubbock drug offenses during your case may seem daunting, know that you do not have to face this outcome alone. A dedicated narcotics lawyer could offer you their assistance by conducting an external investigation, gathering evidence, and interviewing witnesses to create a strong defense on your behalf. By acting as a fierce advocate for your defense, an experienced attorney may be able to help mitigate your penalties if law enforcement did not properly carry out your arrest or have probable cause to search your property. If you wish to fight your charges, consider reaching out to a dedicated defense lawyer today for your initial consultation.