Top 4 Defense Strategies a Dallas Drug Crime Lawyer May Use in Your Case
Have you been arrested on drug-related charges in Dallas, Texas? Dallas is home to some of the harshest prosecutors in the nation. A conviction on any type of drug-related charge could result in serious penalties, including lengthy prison sentencing.
Texas State Prosecutors also possess the power to enhance your criminal charges at any point throughout the legal process. This means that you could find yourself facing serious felony charges, even if the original offense was filed as a misdemeanor.
Protect yourself and your legal rights by hiring the best Dallas defense lawyer to represent your case in a court of law. An experienced Dallas drug crime lawyer has the knowledge and skills to defend you in a state or federal courtroom.
In the following informational list, we reveal the most common strategies that are utilized in criminal drug cases. Review these defense strategies and reach out to a Dallas drug crimes lawyer immediately if you are facing allegations for any drug-related crime.
1). Lack of Evidence
The prosecution’s job is to prove that the defendant is guilty of all of the elements involved in their criminal allegations. Failure to prove that any of these elements existed in a case could result in a positive judgment for the defendant.
For example, claiming that the defendant was not in direct possession of an illegal substance is a common route of defense. This strategy may be the most effective in cases of drug possession, intent-to-sell, and/or drug trafficking. These cases are often built on circumstantial evidence that has the potential to raise doubt in the courtroom.
Entrapment is another common defense tactic that can be highly effective, depending on the criminal allegations that you are facing. The entrapment defense route is the claim that the defendant was enticed by law enforcement to perform a criminal act that they would not have committed under normal circumstances.
Entrapment is a solid defense if your criminal defense lawyer can convince the court system that an officer bribed you into committing a crime. For example, if bribery was used to convince the defendant to agree to participate in a federal drug conspiracy.
3). The Substance in Question is Not an Illegal Drug
Just because a substance appears to be an illegal substance, does not mean that it is a drug. Prosecutors are responsible for obtaining accurate and detailed reports to prove that the substances involved in a case, were in fact, illegal drugs. Failure to acquire a detailed analysis to prove this is true could result in immediate case dismissal.
4). Violation of Constitutional Rights
Law enforcement officers are legally required to follow a certain code of conduct when handling criminal matters. Any violation that is committed by law enforcement during an investigation could be considered a violation of the defendant’s constructional rights.
The most common breach of rights that occurs in drug crime cases is an illegal search and search. This is defined as when a police officer utilizes illegal means to obtain evidence during an investigation. For example, the law enforcement officer searches a property without permission, a valid search warrant, or another justifiable cause.