Drug Charges

Drug offenses are treated very seriously under Texas law. For instance, possession of even a trace amount of an illegal narcotic can lead to a felony conviction and penitentiary sentence. Even misdemeanor cases can result in imprisonment and a driver’s license suspension. The attorneys of the Lucio Firm have a great deal of experience defending drug charges and will pursue every avenue available to defend you.

There are several different kinds of charges that can be filed relating to drugs, including, manufacturing and delivery, but the most common charge is for possession. Texas law defines possession as “actual care, custody, control or management.” This definition is significant because it means that the fact that a Defendant is physically present in a location where drugs are found is, alone, not enough to establish his or her possession of them. To prove that a Defendant was in possession of a controlled substance or other drug, the State must prove specific “affirmative links” between the Defendant and the drugs.

Another method of attacking a drug charge is to contest the legality of the search that lead to the seizure of the drugs. Generally, police are required to have a warrant before they conduct a search of you or your property. There are exceptions to this requirement, but they are very fact-specific, and the burden is on the State to prove that an exception applies to any particular case. The attorneys of the Lucio Firm can help you fight back against an illegal search or seizure. By showing that a search was illegal, we can have the resulting evidence “thrown out” or, in legal terms, “suppressed.”

In addition to facing a criminal charge, the State may initiate forfeiture proceedings against your property. Law enforcement agencies use forfeiture proceedings to seize property used in some way in connection with a drug offense. If successful in the forfeiture proceeding, the law enforcement agency will be able to sell your property or keep it for its own use. Because the laws governing forfeiture are civil in nature, the usual constitutional protections do not apply, including the presumption of innocence. If you wish to have your property returned, time limits and bonding procedures exist that must be observed and followed to properly protect your interest in seized cash or property. The attorneys at the Lucio Firm will fight to get your property returned to you.