Arrested For Possession of Cocaine?
Possession of cocaine is illegal both in the state of Texas and in the Federal courts. Cocaine is a Schedule 1 drug because it has no currently accepted medicinal use and it has a high potential for abuse. Whether you have been arrested by the Drug Enforcement Agency (DEA), the local police, or a joint taskforce, the more you have, the worse your exposure is to substantial prison time. In the War on Drugs, people who merely use cocaine recreationally do not get a pass but are looked upon less harshly than the ones that traffic or sell it.
Penalties For Possession Of Cocaine In Texas
Federal Trafficking Penalties
A first offender who pleads guilty, or is tried and found guilty, of possessing less than 1 gram of cocaine faces mandatory probation. Once the weight goes above 1 gram there is no guarantee of probation and the greater the weight, the greater the exposure to lengthy prison incarceration. Possession of 400 grams or more carries a penalty range of not less than 10 years in prison up to 99 years or life, and a fine up to $100,000.
Your Best Defense For Cocaine Possession
If you have been arrested for, or contacted by Texas or Federal law enforcement in connection with the possession, sale, or conspiracy to possess cocaine, contact the Law Office of Paul Schiffer immediately at 713-521-0059. Attorney Paul Schiffer has experience in both prosecuting and defending these cases. Paul Schiffer is an award winning Texas and Federal cocaine trial lawyer fighting for his clients in the government’s relentless war on drugs.
My clients want to know this – “Are there strong defenses to possession of cocaine?” Yes there are, and with 40 years of experience in handling cases for charges against the possession of cocaine, Paul Schiffer knows where to look for the governments weaknesses in an effort to build the strongest defense.
Legal Defenses For Cocaine Possession
1) Challenge the Stop & Seizure of the drugs.
· Did the police have sufficient probable cause or reasonable suspicion to stop you on the street, in a club, in your car?
2) Was the traffic stop unduly prolonged?
3) Was a drug dog sniffing where he didn’t have a right to be?
4) Are there problems with the search warrant?
· Was there false information provided by the police in the search warrant affidavit?
· Is there insufficient probable cause in the affidavit for the search warrant?
· Is the information in the affidavit stale, too old to be reliable?
· Are there administrative errors in the warrant itself?
· Was your phone improperly wire-tapped?
5) Were you frisked when you were not a risk to the officers safety?
6) Motion to Suppress the evidence because of violations of your Constitutional right under the 4th Amendment.
A DRUG CASE WITH NO DRUGS IS A VERDICT OF “NOT GUILTY”
Factual Defenses For Cocaine Possession
1) Misidentification – They Got The Wrong Guy
3) Lab Testing Problems
4) Insufficient links to establish care, custody, or control of the drugs
5) Chain of custody problems
6) Government witness credibility problems
7) Paid informants
Actual possession is when drugs are found on your person. Constructive possession is when you have control over the place where the drugs are found, frequently in your home, car, locker, etc. Joint possession is when 2 or more persons are alleged to each possess the drugs. Cocaine in a bag in your pocket, or in a folded dollar bill in your wallet, is a real challenge to defend. Joint possession cases presumably offer more room for doubt because the government is required to prove that each person exercised actual care, custody, or control over the drugs. So, drugs found in the console of a car, or in a locked trunk of a rental car, for example, offer different challenges. The law office of Houston cocaine trial lawyer Paul Schiffer has been successfully meeting these challenges for decades.
Build Your Defense Today – Call Me Now
Experience and knowledge are the most effective weapons in the courtroom to have your case dismissed, charges reduced, or successfully tried to a jury. With 40 years of experience as a drug defense attorney and former prosecutor in Houston, Texas, I will fight aggressively to get the best results for you. Call me now at 713-521-0059 for a free case evaluation.