Protecting the Rights of Those Accused of Illegal Rx Drug Sales
The illegal sale or distribution of prescription drugs is aggressively prosecuted. Charges like these can carry severe penalties, including substantial prison time. However, not everyone accused of prescription drug crimes is guilty as charged. A Texas lawyer can help you protect your rights during this time.
Questioning the Validity of the Charges
The first priority is determining if the charges are even valid. A lawyer will analyze whether proper procedures were followed during the arrest and evidence collection. Critical evidence may be excluded if any search or seizure violated Texas law. A defective warrant or lack of probable cause can undermine the entire case.
You and your attorney will need to review what exactly the prosecution aims to prove. If the facts do not clearly establish that a crime occurred, you file for dismissal. For illegally distributing prescription drugs, the prosecution must demonstrate intent to sell. Simply possessing certain medications does not automatically make someone a drug dealer under the law.
Exploring Alternative Explanations
Next, it is vital to examine if there are plausible alternative explanations for the circumstances other than criminal conduct. You may have a valid prescription for the medications in question. Or there could have been an innocent misunderstanding about having or sharing pills.
If prescription refill dates and quantities do not align with charges of large-scale distribution, that casts doubt. If multiple people had access to the area where drugs were found, illicit dealing cannot be automatically assumed. It is important to work vigorously to establish these reasonable explanations.
Seeking Fair Punishments if Convicted
If charges unfortunately cannot be dismissed pre-trial, the next priority is seeking fair sentencing if a conviction occurs. Texas law has mandatory minimums for certain drug sale crimes. However, an attorney can advocate for the appropriate application of the law based on the case's specific details.
A lawyer may argue for an alternate probationary sentence versus incarceration for a nonviolent first offense with minimal criminal history. Highlighting mitigating personal circumstances warranting leniency under sentencing guidelines is vital.
Contact a Houston, TX Criminal Defense Lawyer
Facing prescription drug crime accusations in Texas is frightening. But you have rights, no matter your circumstances. With an aggressive defense focused on truth, even complex cases can reach just resolutions with a Plano, TX criminal defense attorney. Call The Crowder Law Firm, P.C. at 214-303-9600 for a free consultation. We will guide you through every stage of your criminal case.