Houston Drug Crime Defense Attorney & Drug Possession Lawyer
Know Your Rights During a Criminal Drug Investigation
If law enforcement arrests you for a drug crime, the constitution requires officers to make sure you understand your Miranda rights:
- Right to remain silent
- Any statements can be used against you
- Right to an attorney
- Right to a court-appointed attorney at no charge
You also have the right to request bail, which releases you from custody while you await trial.
What To Expect After a Drug Crime Arrest
After an arrest, the police will take you to a station and “book” you by taking your fingerprints, photographing you, and recording your personal information. Law enforcement may also interrogate you. You do not have to cooperate unless you waive your Miranda rights or appear with your Houston drug crime attorney.
Within 48 hours, you will go before a judge in court. They will read your charges, advise you of your rights, and set release conditions, provided you meet the bail criteria. If you receive felony charges, the prosecutor must present your case to a grand jury to determine whether there is enough evidence to support an indictment, or formal charge.
After the prosecutor brings down an indictment, you will have the opportunity to enter a plea. A “not guilty” plea gives your lawyer time to examine your case and advise the best legal course of action.
Next, you will undergo a series of legal proceedings and hearings leading up to your trial. You can enter a guilty plea, negotiate a plea bargain, or plan your trial defense.
Defenses Your Houston Drug Crime Attorney Might Use
Quite often, mistakes made by law enforcement during an arrest and investigation prove to be an effective defense:
- Was the Arrest Constitutional? If officers arrest you without probable cause or a warrant, fail to read you your rights, or use excessive force during a search or arrest, your attorney can question the legitimacy of your detainment.
- Is the Evidence Constitutional? The Fourth Amendment outlines specific rules that law enforcement must follow when gathering evidence. Also, field testing substances does not always yield accurate results, which can lead to elevated charges.
- Is There Enough Evidence To Support the Charges? A number of circumstances can enable your lawyer to argue that there is not enough evidence against you, including the lack of forensic support, a faulty chain of possession, and no intent to distribute.
There are also other possible defenses that your Houston drug possession attorney might use:
- You have a prescription for a controlled substance or medical marijuana
- The drugs are not for human consumption
- You were unaware that an illegal substance was in your possession
- You were not carrying a sufficient quantity of substances to support an arrest
- The substance has an approved new drug application under the Federal Food, Drug, and Cosmetic Act
It is vital that you describe the events surrounding your arrest honestly and thoroughly, as we can identify problems that you might think are irrelevant.
Why You Need a Skilled Houston Drug Crime & Drug Possession Lawyer
Facing drug charges can feel overwhelming, but you don't have to face them alone. A knowledgeable Houston drug crime attorney can evaluate your case, challenge evidence, and negotiate for reduced charges or penalties. With the right legal representation, you gain a powerful advocate dedicated to protecting your rights and achieving the best possible outcome.
At every stage of the legal process, from the initial arrest through trial or plea negotiations, your attorney will guide you with expertise and clarity. They can build a customized defense strategy tailored to the specifics of your case, helping you avoid severe penalties and safeguard your future.
Take the First Step Toward Protecting Your Future
If you or a loved one is facing drug charges, time is of the essence. Contact us as soon as possible to start building your defense. Jimmy J Ortiz is an experienced and trusted drug crime attorney serving the Greater Houston area. Your rights, freedom, and reputation are at stake, but with experienced legal counsel, you can fight for a positive resolution. Don't wait—secure the representation you need to navigate this challenging time with confidence.
Contact Jimmy for more information
or call today at 713-759-1800
