Illicit drugs are outlawed in the Lone Star State, but many people still use and sell them. Texas drug charges carry serious felony penalties, including costly fines and years in prison. Possession generally is a lower level crime than distribution, but both offenses can land stiff penalties. When a person is charged with drug crimes, here are five common ways to get at least some drug charges dropped.
The way in which the police investigated the alleged crime and conducted the arrest can lead to dropped or dismissed charges. If the police did not have probable cause or a reasonable suspicion of a drug crime violation, an illegal search can remove charges.
Corrupt police practices
Police officers are human and subject to corruption like anyone else. When a corrupt officer is found out, any prior evidence is subject to credibility issues and could lead to dropped charges or a vacated conviction.
When the evidence is overwhelming, the best move might be to arrange a plea bargain. Prosecutors may drop one or more charges when the accused agree to plead guilty and save the court more time and effort on the case.
Lesser offenses often go away
Sometimes, a potential case includes several offenses where one or more is a felony. In these cases, prosecutors might drop the lesser charges to focus on the major ones.
Being an informant
Police need information to enforce the law. An informant may be able to stay out of jail by agreeing to provide information on other criminal activities and possibly testify against another person.
Texas drug cases do not have to end with extensive time in prison. An experienced attorney may help you to better understand the charges that you might face and how one or more might get dropped.