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Two common defense arguments in Texas drug cases

On Behalf of | May 25, 2022 | Criminal Law

Defending against drug charges in Texas can be challenging even when small amounts of controlled substances are found. While the state may seem to have a good case, all individuals still have legal rights that can include a detailed evaluation of the apprehension. Law enforcement officials in Texas must follow specific protocol when arresting anyone for drug possession or trafficking. In fact, everything that transpires during an arrest can be questioned when a case is being negotiated. However, there are two specific defenses that apply in many Texas drug cases.

Mistaken identity

Many drug charge defendants are apprehended on warrants issued by a Texas court after an officer has purchased some type of drug from a particular individual. Servicing drug crimes warrants requires police to first properly identify the suspect. In fact, names on the serviced warrant should be exact before an officer can make a valid arrest because even incorrect spelling of a name can result in a defense of mistaken identity.

Unlawful search and seizure

Police officers conduct search operations on a regular basis with or without a search warrant. If an officer suspects drug use or possession by an individual following a traffic stop, they have the power to pursue probable cause. But even when an officer is searching a vehicle and applying the “plain sight” rule, there are still specific protocols in place that could result in dismissed drug charges if a search and seizure is deemed unreasonable by the court.

It is important for all defendants in Texas drug cases to remember that they have a constitutional right to an effective criminal case defense. And remember, regardless of how serious the charge is, it is still a drug conviction that will remain on any criminal history for a significant amount of time.