The State of Texas takes a strong position against the spread of controlled substances. In order to discourage the spread of drugs within the state, those convicted of transporting drugs are penalized more seriously than those convicted for possession. Facing these charges without a competent lawyer can prevent a defendant from fully presenting their case. It’s important to reach out to a drug lawyer in Austin quickly following an arrest.
Defining Drug Transportation
Once you’ve been accused of transporting a controlled substance in Texas, prosecutors will seek to prove that you knowingly or willfully carried or moved a scheduled substance. This law applies to passengers of motor vehicles as well, regardless of whether or not the drug was theirs or the driver’s.
Defense for Drug Transportation Charges
When you hire a trained drug lawyer in Austin, your attorney will work to develop a case that best represents you. This will include gathering and presenting evidence that the circumstances of your case do not meet legal requirements for conviction. Some common arguments for these types of cases include:
- Fourth Amendment violation
The Fourth Constitutional Amendment protects Americans from unlawful searches and seizures. Depending on the details of your case, it may be found that police failed to follow protocol and violated your rights. If this is proved in court, it may negate evidence and cause your case to be thrown out.
- Fifth Amendment violation
The Fifth Constitutional Amendment is designed to protect a person from incriminating themselves during the investigation and legal proceedings of a crime. If you were not read your Miranda rights during an arrest, it will be found that your Fifth Amendment rights were violated.
- The defendant was not aware or willing
With sufficient evidence, an attorney may be able to prove that their defendant was unaware or unwilling to transport the substance(s) in question. Both conditions are required for conviction of this crime.
Are You Looking for a Drug Lawyer in Austin?
You don’t have to face your drug charges alone. If you’ve recently been charged with a drug transportation crime in San Antonio or Austin, we can help. The Law Office of Jesse Hernandez is known for our dedication to our clients and aggressive approach to criminal defense. We offer a free case review to potential clients to encourage them to seek the legal help they need to face their charges. Click here to begin scheduling your appointment.
San Antonio Office: 3107 Broadway Street, San Antonio, Texas 78209. (210) 807-8656.
Austin Office: 2025 Guadalupe Street Suite 260, Austin, Texas 78705. (512) 982-4798.
