Drug crimes involve possession of an illegal controlled substance or narcotic. Common controlled substances include: marijuana, heroin, cocaine, ecstasy, and methamphetamine.
Nathaniel Pitoniak is an experienced criminal defense drug lawyer that can help defend your case if you have been charged with a drug crime such as:
- Possession of a Controlled Substance
- Possession of a Controlled Substance with intent to deliver
- Drug trafficking, transportation, and distribution
Being charged with any of these drug offenses can result in:
- License Suspension
- Deferred Adjudication
- Prison Sentences
- Acquittal (a Not-Guilty verdict)
The punishment range for drug crimes are determined by the type of controlled substance (the penalty group) involved and the amount involved.
To prove the offense of possession of a controlled substance with the intent to deliver, the State must prove, in addition to possession, that the accused intended “to transfer, actually or constructively, to another a controlled substance.” Intent to deliver a controlled substance can be proved by circumstantial evidence, including evidence regarding an accused’s possession of the contraband.
Defense Strategies for Drug Crimes
Although every case is different, your defense strategy for challenging your drug crime charges will depend on:
- Investigations surrounding the circumstances of your charge and arrest. Did the police have reasonable suspicion to pull you over or search your house? An argument for unlawful search and seizure can be made in many cases. If a judge finds that the police seized evidence in violation of your constitutional rights, the evidence will be suppressed and your case will be dismissed.
- Evaluating the nature of the charges. Whether or not you were actually in possession of illegal drugs turns on whether you exercised care, custody, or control over them. In many cases, the police cannot establish affirmative links between the seized controlled substance and the person accused of possessing them.
Why Do You Need a Defense Lawyer?
If you are in Harris County or surrounding counties such as Fort Bend, Montgomery, or Galveston County and have been charged with possession of a controlled substance, or possession of a controlled substance with intent to deliver, you will need an experienced and successful criminal defense lawyer like Nathaniel Pitoniak to provide you with legal advice and representation in a Texas court of law. As a former prosecutor in his tenth year of practice, he has handled hundreds of drug cases and will be able to create a strategic defense for your case. Call Nathaniel Pitoniak at the Pitoniak Law Firm at (832) 315-6283 for a free consultation today.