Call Us Now
Email Us Now
When Should You Contact a Drug Crimes Attorney?
You may not possess illegal drugs in Texas, and you may not possess a prescription medicine unless a doctor prescribes it for you. Texas courts, prosecutors, and law enforcement officers aggressively enforce this state’s drug laws. If you face a drug charge in the Houston area, schedule a consultation – as soon as possible – with a Houston drug crimes attorney.
While possessing small amounts of an unlawful drug for personal use is not the most serious crime in Texas, convictions for some drug crimes can still put you in prison. Dozens of Texas laws address the sale, possession, distribution, manufacturing, and trafficking of illegal drugs.
Unlawful searches happen when police officers conduct searches without a warrant or exceed a warrant’s scope. If you face a drug charge in the greater Houston area and that charge is based on an unlawful search and seizure, you must contact a Houston drug crimes lawyer immediately.
When Are Searches and Seizures Unlawful?
The United States Constitution protects everyone in this nation from unreasonable searches and seizures. To conduct a search of your home, property, or vehicle, law enforcement officers must obtain a warrant from a judge or have a legal exception to the requirement for a search warrant.
Unlawful searches and seizures are violations of a person’s constitutional rights. These violations may take place in several ways, including:
- Stopping you in traffic without probable cause: If Texas law enforcement officers search your vehicle without probable cause or your consent, it’s a violation of your rights.
- Raiding a home without a warrant: Law enforcement officers must have a warrant to enter and search a person’s residence unless exigent circumstances require entry.
- Searching without probable cause: Searches conducted without probable cause (or without a legal exception to the requirement for probable cause) are unlawful.
- Searching based on inaccurate information: Searches based on incorrect or fabricated information may compel the court to suppress any evidence uncovered in the search.
In most instances, the police must obtain a warrant to search your home, property, or vehicle. The Constitution compels the police to have probable cause before they ask a judge for a search warrant, and it requires a search warrant to describe the item or items the police are seeking.
When Are Unwarranted Searches Allowed?
What are the legal exceptions to the requirement for a search warrant? A Texas judge may allow evidence discovered in an unwarranted search to be offered at trial when:
- Law enforcement officers would have discovered the evidence legally: If a judge believes the police unlawfully discovered evidence that eventually would have been lawfully discovered, the judge may decide not to suppress that evidence.
- The police acted in good faith: If police officers believed a search was legal, a judge may decide not to suppress evidence the officers found. If a search warrant includes a mistake, for example, but officers are unaware of the mistake, they’re acting in good faith.
- Another source could have supplied the evidence: When another source can provide a Texas prosecutor with evidence a judge would otherwise suppress, the judge may allow a prosecutor to offer the otherwise tainted evidence.
How Will a Defense Lawyer Help You?
If you are charged with a drug crime based on evidence that law enforcement officers found in an unlawful search and seizure, take your case immediately to a Houston drug crimes attorney. Don’t let the police or the court compromise your rights.
A motion to suppress is a request to a judge to prevent a prosecutor from introducing evidence discovered unlawfully. If your defense lawyer can prove law enforcement officers violated your rights, your lawyer may file a “motion to suppress” evidence from your trial.
We’ve all seen television and movie trials where a defense lawyer has evidence “tossed out” or “thrown out” of court. A judge does not allow suppressed evidence into a trial, and that evidence cannot be shown to a jury.
What is the Exclusionary Rule?
The exclusionary rule prevents a prosecutor from using evidence if law enforcement officers obtain the evidence unlawfully. The exclusionary rule applies to everyone in every state: citizens, green card holders, visa holders, undocumented immigrants, and other visitors.
However, the exclusionary rule does not apply in grand jury proceedings, civil cases, or parole violation hearings, and the U.S. Supreme Court has determined that a judge may suppress evidence only when a defendant’s rights have been violated.
If police officers violate your rights, the rule will probably apply. Most lawyers and judges believe the rule is needed to protect constitutional rights. Disclose every detail of your case to your lawyer, who will determine if filing a motion to suppress is appropriate in your situation.
What is the Effect of a Motion to Suppress?
If you and your defense attorney challenge unlawfully obtained evidence with a motion to suppress, you may weaken the state’s case against you, leading to:
- a reduction of the charge
- a dismissal of the charge, or
- a more generous plea bargain
Let Attorney Cory Roth Advise and Defend You
If police officers arrest you for a drug crime in the greater Houston area, call the Cory Roth Law Office immediately. Houston drug crimes lawyer Cory Roth will protect your rights, fight effectively for the justice you need, and bring your case to its best possible conclusion.
Attorney Cory Roth will take steps to have the court dismiss the case against you or suppress unlawfully discovered evidence. He will negotiate an acceptable plea deal on your behalf or, if you’re innocent, explain to jurors why they should find you not guilty. At the Cory Roth Law Office, we understand that police officers sometimes bend the rules, especially in drug cases.
A Texas drug crime conviction can put you behind bars. If you face a drug crime prosecution – now or in the future – based on unlawfully obtained evidence, contact the Cory Roth Law Office immediately. Call us at 832-400-4133 to learn more and schedule your first legal consultation.