How to Fight a Crystal Meth Possession or Distribution Charge in Texas

January 17th, 2017 by Tad Nelson in Criminal Defense, Houston Criminal Cases

The television series Breaking Bad popularized the knowledge of crystallized methamphetamine–i.e., crystal meth–and the dangers it poses to producers and users. Indeed, crystal meth is considered a “significant drug threat to Texas,” according to the U.S. Department of Justice. In Texas, a person may be imprisoned up to two years and fined $10,000 for possessing less that one gram of crystal meth. And possession of as little as four grams is considered a second-degree felony punishable by up to 20 years in prison.

Possible Defenses to a Crystal Meth Charge

As with any drug crime, there are a number of possible defenses to a possession charge depending on the facts of the case. For instance, if the police illegally searched you–that is, they did not have a warrant and there were no “exigent circumstances”–any evidence obtained through that search cannot be used against you at trial. In a drug possession case, excluding the drugs usually means dismissing the charges.

Another possible defense is that you did not have “constructive possession” of the drugs. In other words, even if crystal meth is found in your general area, that does not mean it belonged to you. Say you borrow a friend’s car and get pulled over for speeding. If the police later search the car and find crystal meth in the glove compartment, you may be charged with possession. At trial you can argue that the crystal meth actually belonged to your friend, which may be enough to create “reasonable doubt” with a jury.

Finally, methamphetamine is in fact a legitimate drug that can be prescribed to treat certain medical conditions, such as attention deficit disorder. If you are arrested for possession of methamphetamine or any other controlled substance for which you have a valid doctor’s prescription, obviously you would have a strong defense. But there are no exceptions for “over-the-counter” methamphetamines.

Negotiating a Plea Bargain

Even if you are arrested for possession of crystal meth that does belong to you, that does not necessarily mean you will face a jail term. Prosecutors often negotiate plea agreements with first-time drug offenders. After all, it is usually not worth the time and expense of a trial for someone caught with one gram of crystal meth.

And your chances of negotiating a favorable plea bargain increase substantially when you hire an experienced Houston drug possession attorney to represent you. You should never try to deal with a potential felony drug charge by yourself. Contact the Law Offices of Tad Nelson & Associates in Galveston today if you need immediate legal assistance from a skilled criminal defense attorney.

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