Drug charges are always serious legal matters regardless of the state filing the charges. Even some states other than Texas have eased simple marijuana possession laws, but some are still quick to enhance charges based on how the substance is packaged. While other drugs such as heroin and cocaine are still considered very serious drug cases, some marijuana charges can needlessly result in felony charges for even what should be a simple possession situation based on the method in which they are carried.
A prime example of how packaging can be used to enhance the charges when it shows an intent to distribute occurred recently in New York when a prominent successful rapper was searched and found to be in possession of six, individually packed small bags of marijuana. Even possession of small amounts could be considered trafficking when the drug charges include multiple bags of the confiscated substance, including marijuana. Criminal intent is essential for any charges to apply definitively.
An experienced criminal defense attorney can inspect all articles of evidence being used in the prosecution and conduct a separate investigation regarding other elements of the case. There are specific protocols that officers must follow when conducting a search and seizure investigation, and prosecutors may attempt to enhance charges without merit.
Overstated charges can be bargained down to an applicable level, and many times, charges may be dismissed when evidence has been acquired against constitutional protocol. Those facing drug charges may want to consult a Texas criminal defense lawyer with a solid track of success for their clients who is also willing to take a case to trial if necessary.