New Braunfels Drug Possession / Drug Delivery Lawyer
Trusted Legal Representation By Criminal Defense Attorney
Drug Possession / Drug Delivery
Case Result - Felony Drug Charge - Dismissed
Client was pulled over and arrested and charged with possession of cocaine. Officers claimed to have seen client dropped the cocaine to the ground. A female that was present at the scene had several rocks of cocaine found in her bra, but was not arrested. In preparing the case, Mr. Bloomquist questioned the reason the female was not charged, and could get no satisfactory answer, he also pointed out that the police had no video of the stop and it was reasonable to believe the female had dropped the cocaine. The prosecutors dismissed all charges.
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Known legally as possession of marijuana or possession of a controlled substance - is simply having certain controlled drugs on your person or under your control. This could include:
Punishment varies depending on the type of drug and the amount processed. Penalties range from up to a $2,000 fine, 180 days in the county jail, and a possible probation period of up to 2 years for possession of a small amount of marijuana, to up to a $100,000 fine and 15-99 years in prison or life in prison for possession of a large amount of serious narcotics. Sometimes, even if a person is given probation, they may be sent to a lockdown drug treatment facility for many months prior to release.
In addition to the normal criminal penalties certain drug convictions can prevent you from getting student loans or other government benefits. This can be devastating to a young person hoping to go to college or a trade school. Our New Braunfels drug possession lawyer is here to help you. We have the necessary criminal defense experience to defend your life when facing serious drug charges.
Defend Against Guilt by Association
This is a typical situation: You are in your car with four people on the way to a restaurant. Unknown to you, a friend or acquaintance sitting in the passenger seat is carrying a small amount of cocaine in his or her purse. You are driving too fast, and a law enforcement officer begins to pull you over. Your friend or acquaintance pulls the drugs from his or her purse and places it in an open drink cup in the center console. During the stop, the officer thinks the passenger looks nervous and asks to search the car. You did not see this individual place the drugs in the cup and okay the search. Moments later, the officer finds the cocaine and detains everyone and all fail to claim the drug as belonging to them. You are shocked as the officer arrests you and everyone in the car, and soon you find yourself under indictment for a felony. This is guilt by association.
Because of the protections given us by the Constitution, law enforcement officers must follow strict rules in searching our homes and persons. If the search is illegal, then in most cases the evidence found in the search is excluded from trial. If the drugs are excluded, the state cannot prove your case and often is forced to dismiss the case against you.
Drug delivering is considered to be transferring, assisting in the transfer, or possessing with the intent to transfer an unlawful controlled substance usually for a profit. Our New Braunfels drug delivery lawyer knows that this is a serious criminal case. The punishment varies with the type of controlled substance and the weight.
The punishment ranges and can include:
Up to a $2,000 fine and 1 year in the county jail which can be probated for up to 2 years for the simple delivery of a small amount of marijuana
Up to a $250,000 fine and 15 years to life in prison with no possibility of probation for a large amount of hard drugs
These Cases Demand Aggressive Defense
Texas has some of the harshest laws in country for drug distribution crimes. Law enforcement officers and prosecutors are under tremendous pressure from the community to "get drug dealers off the streets." Unfortunately, this at times leads to poor decision making by law enforcement. Many times they decide to arrest everyone in a car or house where they believe narcotics sales to be occurring. This often includes individuals who may be guilty, but also innocent people who had no idea drugs were even present. Even first time offenders may be singled out for long prison sentences.
Many drug task forces are models of professionalism and quality investigations. Unfortunately, many others are undertrained and do not use adequate procedures to ensure good investigations. This results in the arrest of innocent people. Recently in the city of Tulia, Texas, a renegade undercover officer framed many innocent citizens. Worse yet, even when problems with the cases became apparent, the local district attorney proceeded and sent many innocent people to prison. It took years for them to be released.
To protect yourself, you need quality legal counsel. Our co-founding partner, Larry Bloomquist, has tried multiple serious drug delivery cases to juries in New Braunfels. In his years as a prosecutor, he frequently assisted and advised law enforcement departments in obtaining search warrants or conducting warrantless searches for narcotics. Larry Bloomquist is Board Certified in Criminal Law by the Texas Board of Legal Specialization meaning you receive expert counsel.
We handle criminal law cases throughout Central Texas, including, San Antonio, Seguin, New Braunfels, and Boerne, Texas.