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Secrets of the Texas Criminal Justice System and Your Rights
The procedure of Odessa drug arrests depends on if it is an on-view arrest or if law enforcement has obtained a warrant. If a driver is pulled over for a traffic violation and then the officer finds drugs in the car during the traffic stop, the driver could be arrested. This is a common way an on-view arrest happens. A drug arrest could also happen during an undercover operation when a drug dealer sells drugs to an undercover cop. If you have been arrested for a drug offense in Odessa, reach out to an experienced attorney. A dedicated drug lawyer could fight for you and protect your rights.
Aggravating Factors that Can Impact the Urgency of a Drug Arrest
One of the aggravating factors in a drug case is if the individual has a criminal history. This could lead to a higher punishment, bond, and more conditions related to their case. A person with a criminal history will likely have less flexibility when they are out on a bond.
There may be other crimes that occurred at the time of the arrest, which can impact the urgency of a drug arrest in Odessa. For example, if a person was also illegally possessed a firearm. This could also lead to an enhanced felony charge.
Actual and Constructive Possession
Every person at the scene of a drug arrest could also be subjected to an arrest. However, there is a significant difference between being arrested for a drug offense and being convicted. If an individual is around drugs at the time of an arrest, it does not mean that the State can prove that the person was actually in possession of the drugs.
When it comes to drug possession charges, it is crucial to understand actual and constructive possession. Actual possession is when the drugs are on the person or in their control. Constructive possession is if the individual has knowledge of the drugs and access to it.
Why a Person Might Not be Arrested for Drugs
An officer may not arrest a person if they believe they do not have enough evidence on them. Another way is if the officer is working undercover to buy drugs. In this situation, the police may decide not to arrest the drug dealer because they are using that person for other drug cases.
Rights During Drug Arrests in Odessa
When it comes to Odessa drug arrests, it is crucial for individuals to understand their rights provided by the U.S. and Texas Constitution. An individual has the right to remain silent and not say anything to the officer that may incriminate them. They could hire an attorney and have the lawyer speak on their behalf to the officers. The Fifth Amendment protect one’s right to remain silent. The Sixth Amendment allows someone to obtain legal counsel. People also can refuse to allow officers to search their vehicle or residence without a warrant.
Call today for more information about drug arrests, your rights, and how a lawyer could help you. Let a seasoned drug defense attorney advocate for you.