Get Your FREE Copy of the Book by Stephen Hamilton Exposing the Truth
Secrets of the Texas Criminal Justice System and Your Rights
An experienced drug attorney is helpful for explaining to someone the various considerations they need to take when facing drug charges in Midland. They will work hard to defend their client as they have worked with many drug cases and built a variety of defenses. They will be an essential help when going through the case process for a drug offense in Midland and when advising their client how best to move forward.
If you are facing drug charges in Midland, it is important to retain the help of an experienced drug attorney when starting the process of your case.
Depending on the kind of case, Midland drug cases are going to be heard in County Court or the District Court. There are many factors that determine whether a drug case is going to be a bench trial or jury trial. It depends on the person specifically, their history, the kind of plea offer, and the judge assigned to their case. Most of them usually work out in a dismissal or a plea offer. The few that proceed to court usually go to a jury trial.
When it comes to lab results and case lengths during a drug case in Midland, the lab is generally backed up with many cases. It takes eight months to get the lab tests back for felonies, so a felony case can take at least a year. A misdemeanor case usually takes six to eight months to prosecute.
Proving a Case
Sentencing for drug-related crimes in Midland depends on the prosecutor and judges and whether the case goes to the judge for sentencing or to a jury.
In a drug crimes case in Midland, the prosecution must prove whether the person had care, custody, and control or management of the particular drug. They must prove that the substance is a controlled substance. They must send it to a Texas approved laboratory so someone from there can testify to the fact that the drug is a controlled substance and identify its legal weight.
Usually, the law enforcement officer takes the stand to explain their reason for pulling the person over or for their initial contact and where the drugs were found. The prosecution has the lab technicians testify about what the substance tested positive for and its official weight. If appropriate, they explain any mitigating factors.
One element in Midland drug crimes cases that is hotly contested at trial is the actual possession. When there is a case with three people in the car, the attorney questions who owns the drugs and how the prosecution can prove beyond a reasonable doubt that the drugs belonged to a particular person. The other element that is contested is whether the officer had probable cause to search the vehicle. Constitutional issues in Midland drug crime cases include whether the officer had proper reasonable suspicion to pull someone over, whether they had probable cause to search the person’s car, and whether proper consent was given if required.