Laws in our state and the rest of the country are strict when it comes to the prosecution of individuals facing drug charges. As people in and around New Braunfels know, our state has a long international border, which means that an innocent person may get entangled in drug-related investigations, sometimes because they live in the vicinity of drug dealers or because their paths accidentally crossed with someone who is involved in the drug trade. Irrespective of the reason, it sure is a lot of harassment for any person.
It is for this reason that it is imperative for those innocent people, who have been charged with a drug-related offense, to seek adequate legal defense as soon as possible. After engaging a defense attorney, the first step for the accused is to narrate the facts of the case as they happened so that the attorney can determine that defenses would suit the circumstances of the case of that particular accused.
One of the defenses that the attorney may suggest is to exercise the Fourth Amendment rights of the accused, which guarantees lawful search and seizure before making an arrest and subsequently filing charges. For example, if law enforcement officers conduct a search and seizure at the home of an accused without permission, it will be a violation of the Fourth Amendment. In cases such as this, any and all drugs that may have been seized cannot be presented in court as evidence.
Another possible defense is to establish in court that the drugs found during the search and seizure belonged to someone else. In this case, the defense attorney would pressure the prosecutors to prove in court that the drugs found actually belonged to the accused and not someone who may have visited the accused’s home and left drugs either by accident or on purpose, one who may have taken a ride in the accused’s vehicle or someone who may have borrowed a bag that belonged to the accused.