22 November
Peveto Law in Criminal Defense

How to Get a Drug Possession Charge Dismissed

Texas drug laws are some of the harshest in the nation, levying steep penalties that can change your life forever. Even marijuana possession in specific quantities can result in a felony offense. Caught with 2 ounces of cannabis on your person? You could be facing $2,000 in fines and six months in jail. Furthermore, misdemeanor charges can escalate to felonies for individuals who have a prior drug conviction.

If you have been arrested for felony drug possession or possession of paraphernalia in the DFW area, you need a hard-hitting lawyer who can stand up for your rights. Andrew Peveto is an accomplished Dallas drug possession defense lawyer who will work tirelessly to achieve the best possible outcome in your case.

Through meticulous evaluation and analysis, he can develop the soundest strategy to have the charges reduced, dismissed, or wiped clean from your record.   

Possible defenses to get drug charges dismissed

Various defenses can be advanced to dismiss a drug possession charge in Texas. Just because officers found illicit drugs in your vehicle, your home or on your person, does not mean you will be convicted.

However, time is of the essence. The easiest way to improve your chances of beating these charges is by staying quiet until you’ve hired a good criminal defense lawyer — someone who has a proven record handling these allegations.

The following are among the principal defenses used to dismiss a drug possession charge:

  • The drug was found after an unlawful or illegal search, performed without probable cause
  • The arresting officer failed to read your Miranda Rights
  • You were denied access to an attorney
  • You were involuntarily in possession of the drug and had no knowledge of its existence
  • The drug was medically prescribed from a licensed physician
  • Legal time frames are ignored by the prosecution
  • Lack of evidence that the substance is an illegal narcotic, or disputing crime lab analysis

In some cases, prosecutors may have difficulty establishing voluntary possession. For example, you are pulled over while driving a friend’s vehicle, and the officer finds a bag of marijuana in the glove compartment. This is after finding probable cause to search. How do they prove the drugs belong to you and not the owner of the vehicle? This scenario can cast reasonable doubt on possession. Thus, it can be used to dismiss the charges.

Plano and DFW Drug Possession Defense Lawyer

The consequences of a felony conviction can handicap your job prospects and derail many aspects of your life. It’s important to hire an experienced lawyer who can start building a strong defense for your drug possession charges.

Andrew Peveto represents clients throughout the Plano and Dallas Fort Worth areas, providing compassionate yet powerful advocacy that gets results.

When you’re facing charges for possession of marijuana or other illicit narcotics, you need an attorney who has a successful track record of beating felony drug charges. Schedule your free consultation today by contacting Peveto Law.

Additional Resources:

  1. Texas Health and Safety Code, Chapter 481 Controlled Substances Act https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm
  2. TexasNorml.org, Marijuana Penalties in Texas https://www.texasnorml.org/activism/marijuana-laws-and-penalties-in-texas/