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Secrets of the Texas Criminal Justice System and Your Rights
While drug charges are relatively common offenses, a person may incur significant legal penalties upon conviction. Someone who has been charged with a drug offense may want to consider the steps the prosecution may take in proving Midland drug offenses. If you or a family member were accused of committing any type of drug infraction, consult with an aggressive drug lawyer immediately. They could examine the factors that led to the arrest and work to identify inconsistencies and any constitutional rights violations that might have taken place. Call and arrange for an appointment with an attorney to start discussing potentially effective legal strategies.
Understanding a Drug Offense
The circumstances surrounding a drug case can greatly impact the charges a person faces in court. These factors may include the drug type, amount of the drug, legal status of the substance, and how the accused individual responded to law enforcement at the time of the arrest. Furthermore, a person who has a weapon or firearm on them during the time of the arrest could face more substantial charges and legal consequences. When proving Midland drug offenses, the prosecution may view certain substances differently. For example, a person who is allegedly found with cocaine may face harsher charges than if the substance was marijuana.
Additionally, the prosecution may consider if the alleged substance was an illegal drug or if the individual simply did not have a prescription for the substance. A person who is arrested and charged with a drug offense, regardless of the type, should consult with an attorney who is well-versed in Midland drug laws. Obtaining legal counsel that is aware of the prosecution’s tactics could significantly help a person build a credible legal defense.
Other Elements Considered by the Prosecution
Possession violations are some of the most common drug offenses. These frequently occur when a law enforcement officer conducts a traffic stop or stops a person after another type of incident. A possession charge typically involves the prosecution attempting to demonstrate that an individual had both custody and control of the alleged substance. For example, someone who is allegedly found with marijuana in their vehicle during a traffic stop may incur a possession charge in addition to a traffic infraction.
Depending on the amount or quantity of the drug allegedly confiscated by police, a person could be charged with intent to manufacture or distribute. These types of cases generally involve large quantities of the substance. The prosecution and law enforcement may try to use the amount found as evidence of an individual’s alleged attempt to sell the substance. However, a skilled drug lawyer could examine the factors surrounding the arrest and potentially identify constitutional issues that may be connected to the arrest.
Drug Free Zone
When a person is charged with a drug offense inside of a drug-free zone they may receive enhanced penalties upon conviction. These types of places typically include schools, daycares, and parks. Generally, the prosecution does not need to prove that an individual intended to be in the drug-free zone at the time of the possession. The prosecution usually needs to prove that the individual was in the prohibited area at the time of the alleged possession. This could complicate matters significantly, as a person may simply be walking through a park at the time of an arrest.
Contact a Dedicated Lawyer About Proving Drug Offenses in Midland
If you were accused of committing a drug offense, consult with an experienced drug lawyer as soon as possible. They could review the circumstances of your arrest and work to determine if there was an appropriate level of probable cause. There are many different elements involved in proving Midland drug offenses; reach out to an attorney who is familiar with such tactics before attending court proceedings. Call and arrange for a legal consultation today.