Dallas Heroin Possession Defense Attorney

The state has taken a pretty aggressive stance against drugs like heroin. Though the possibility of being punished under the state’s Penalty Group 1 is likely gut-wrenching for you and your family, you will need to remember that you have not been convicted of anything yet. However, you will need to do everything you can to defend your future right now, while you still have the opportunity to do so.

If you are facing heroin possession charges in Dallas, you should speak with one of our Dallas heroin possession defense attorneys at The Law Offices of Mark T. Lassiter to begin developing a legal strategy capable of challenging every aspect of the case against you.

Why Do I Need an Attorney?

Hiring a knowledgeable criminal defense attorney gives you the best chance of defeating your heroin charge. An experienced attorney will have the skills and resources necessary to conduct a full investigation into your case, which may include discovering new evidence, finding an eyewitness, or hiring an expert witness.

Additionally, hiring a highly skilled heroin possession defense attorney may make the prosecutor quicker to dismiss or lessen your charges. Prosecutors manage extremely large caseloads and have to make strategic decisions about which cases they can expend time and energy on. The vast majority of prosecutors want to avoid taking cases to trial, which is why so many cases end in plea bargains. If a prosecutor knows that your attorney is going to put up a tough fight for you, they may be more agreeable to a favorable plea bargain.

Similarly, you should never accept a plea bargain from a prosecutor or sign any legal documents without first consulting an experienced drug defense attorney. A plea bargain is a legally binding agreement that is extremely difficult, even impossible, to undo. While accepting a plea bargain may ultimately be in your best interest, it’s critical to seek advice from an attorney. Your attorney may be able to negotiate a better plea bargain for you or advise you that you take your case to trial.

Why Should I Choose the Law Offices of Mark T. Lassiter?

The Law Offices of Mark T. Lassiter is a highly experienced criminal defense law firm with an impeccable track record of obtaining favorable results for our clients. Founding attorney Mark Lassiter is a tough criminal defense attorney and a former prosecutor, which means he understands how criminal cases work from both sides of the fence.

Mark Lassiter fights vigorously and effectively for all of his clients, whether he is defending a small infraction or a serious felony. He knows what it takes to win and treats all of his cases with the dedication and tenacity they deserve.

The Law Offices of Mark T. Lassiter has a strong track record of getting criminal charges lessened or dismissed and obtaining not guilty verdicts. Here is an example of a recent case in which the Law Offices of Mark T. Lassiter was able to get a heroin charge dismissed:

A young man was charged with possession of heroin and marijuana, and there did not appear to be any defense for the case. Mark Lassiter put the young man into drug treatment, got him enrolled in college, and got him to keep regular weekly meetings with a drug therapist. After the young man’s successful completion of these programs, Mark convinced the judge to reduce the felony charge to a misdemeanor deferred, which means he can get the case completely removed from his record. The marijuana charge was completely dismissed.

To read more about our past cases, check out our results page.

Defending Against Heroin Possession Charges in Dallas

Since the alleged possession of any amount of heroin will carry the possibility of a state jail felony, you will be facing a minimum of the following possible consequences:

  • A maximum sentence of two years in prison
  • A maximum fine of $10,000
  • Designation as a felon

Depending upon the amount of heroin you are alleged to have possessed, these charges may be as severe as a first degree felony. In any case, our Dallas legal team is here to help you protect your rights and your future.

Defenses Against Drug Charges

While every case is unique, there are some common strategies that can be used to defend clients against drug charges. Here are a few examples:

Defending against possession charges — how can the state prove that you were really in possession of drugs? According to Texas state law, in order to prove drug possession, the state must prove that you “knowingly or intentionally possess a controlled substance.”

In many cases, police find drugs, but there is a question of to whom these drugs actually belonged. For example, if the police found drugs in a car, they may arrest the owner or driver of the car. But what if the car was shared among more than one person, or someone had recently borrowed the car? Simply being found in proximity to drugs is not enough to prove a charge of drug possession.

Illegal searches – did the police conduct a constitutionally illegitimate search when they found the drugs? There are many rules that govern when an officer can and can’t search you or your property. Essentially, an officer must have “probable cause” to search you or your property if the officer does not have a warrant. Probable cause means there are facts or evidence that lead the officer to believe that you’re involved in criminal activity. This can include visible drugs or drug smell.

However, probable cause can also be a gray area. An officer may conduct an illegal search of your vehicle, find drugs, and then claim they smelled marijuana. A traffic violation alone is not probable cause to search your vehicle.

Additionally, if you consent to a search, then the search is legal. Do not feel like you have to consent to a search or that by not consenting, you will seem guilty. If an officer asks if they can search you or your property, politely but firmly say that you do not consent to the search.

Even if an officer does indeed find drugs on you or in your vehicle, this does not automatically mean you will be found guilty of drug possession. The search had to be conducted legally. If the search was unconstitutional, then any evidence of the crime obtained during the search becomes inadmissible in court. In effect, your case will likely be dismissed.

While many drug cases are dismissed every year on the grounds that the search was illegal, arguing this as a defense can be complicated and requires a highly skilled defense attorney. There are dozens of rules and regulations that determine when an officer can and can’t search you. Consider the following example of an officer using a drug-sniffing dog as grounds for probable cause to search you:

You were pulled over for a legitimate traffic stop (you were speeding, ran a stop sign, failed to signal, etc.), and the officer who stopped you has a drug dog who alerts them that there are drugs present. In this case, the officer has probable cause to conduct the search. However, an officer cannot bring a dog to the scene or request another officer to bring a dog in the time it takes to write the ticket and issue it. If this occurs, then the search becomes constitutionally questionable.

These kinds of seemingly minor details can have huge implications on your case and reinforce the importance of hiring a skilled attorney who can conduct a full investigation into your case.

Consult with a Heroin Possession Defense Attorney in Dallas

At The Law Offices of Mark T. Lassiter, our Dallas heroin possession defense attorneys will work closely with you to develop a legal strategy capable of challenging every aspect of your arrest and case in an effort to reduce or altogether eliminate your charges. To discuss the particulars of your case with one of our Dallas attorneys, please call our Dallas offices at (214) 845-7007 today.

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