Texas has one of the highest rates of marijuana arrests in the country. In 2016, an FBI report showed that almost 65,000 arrests were made in the state for marijuana-related crimes, out of which as many as 98% were for illegal possession.
Decriminalization of marijuana is a growing trend in many states, but in Texas, it continues to be a controlled substance. Although the state’s Controlled Substance Act does not classify marijuana under any particular penalty group, offenses related to marijuana are still severely penalized.
Potential Defense Strategies for Marijuana Crimes
An arrest for a marijuana-related offense does not necessarily mean that a conviction will follow. If your Houston marijuana defense attorney can come up with a strong defense, your charges could be possible reduced or even dismissed. Some of the key defenses in these cases may include:
The search and seizure was conducted illegally
The police failed to read you your Miranda rights
The quantity of marijuana seized was unusable
You were the victim of entrapment
Your Constitutional rights were violated
A skilled Houston criminal defense attorney will examine all the available evidence and circumstances related to your arrest critically to analyze the potential defense strategy. Each marijuana case is unique, and you need to evaluate all your legal options.
Challenging the Evidence
An experienced Houston marijuana defense lawyer would explore the possibility of questioning the admissibility of evidence, which could be a powerful defense. State prosecutors will depend on the evidence obtained by law enforcement before and after your arrest to make a case against you.
Your defense lawyer will scrutinize whether the police collected the evidence in compliance with the state’s search and seizure laws. Any violation on this account could make the entire evidence against you inadmissible.
If you were arrested for a marijuana DWI offense in Texas, your criminal defense attorney will evaluate whether the police conducted your blood or urine-based chemical test as per the procedure. Marijuana traces can stay in your bloodstream for days or weeks. This could mean that the test results could be positive even if at the time you were arrested for DWI.
An experienced Houston marijuana defense attorney would also examine whether the evidence was suppressed in your case. Suppression of evidence in such cases could result in the charges against you being dismissed. If a dismissal is not possible, your attorney will fight to have the charges reduced or argue for an alternative resolution in the court. He or she can also explore the possibility of another diversion program, provided there is even a partial suppression of evidence.
Personalized Defense Strategy
Some of the common marijuana-related crimes in Texas include possession, delivery, cultivation, and trafficking. Seasoned Houston criminal defense lawyers know that no two marijuana cases are identical. They will craft a personalized defense strategy after carefully examining the facts and circumstances of your case.
You must choose the right lawyer and reach out to them as soon as possible after your arrest. Time is of the essence in these cases to create a robust defense and protect your rights most effectively.
Need Help With a Marijuana-Related Case? Call Flood & Associates Now
If you or someone you love has been arrested for a marijuana offense, you need the best possible legal support. At Texas-based Flood & Associates, we have an unheard-of win rate of 80 percent victories or dismissals. Call our team 24/7, 365 at 713-224-5529 for a free case review or contact us online to request a free consultation with one of our attorneys.