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© 2023 by Thornton Criminal Defense, PLLC.
Atascosa Office:
216 N Bryant St
Pleasanton, Texas 78064
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BOARD CERTIFIED IN CRIMINAL LAW
OVER A DECADE OF EXPERIENCE IN CRIMINAL LAW
WHY HIRE THORNTON CRIMINAL DEFENSE?
Attorney Brad Thornton is a highly experienced and Board-Certified criminal defense lawyer. With his background as a former Chief Prosecutor, he has a unique understanding of the criminal justice system and is able to provide comprehensive and effective representation to his clients. He is also deeply committed to ensuring that all individuals receive fair treatment in court, regardless of their background or circumstances.
Brad Thornton is dedicated to helping his clients achieve the best possible outcome for their case, whether it is in San Antonio or elsewhere in South Texas. He recognizes the stress and anxiety that can come with being accused of a crime, and approaches his clients with compassion while keeping them informed at every step of the process. His knowledge and experience make him a strong advocate for his clients.
Possession of a Dangerous Drug
Texas Health and Safety Code § 481.041(d) - POSS DANGEROUS DRUG
Possession of a Dangerous Drug Defense Attorney in San Antonio, Texas
In Texas, a dangerous drug is defined as a substance that is not safe for use, even under medical supervision, and is listed under Chapter 483 of the Texas Health and Safety Code. Some examples of dangerous drugs in Texas include narcotics, amphetamines, and controlled substances.
Under section 483.041 of the Texas Health and Safety Code, possession of a dangerous drug is a criminal offense. This means that it is illegal to possess valid prescription or other legal authorization. In Texas, Possession of a dangerous drug is a class A misdemeanor.
Under section 483.042 of the Texas Health and Safety Code, delivery of a dangerous drug is also a criminal offense. This means that it is illegal to sell, dispense, give away, or supply in any other manner a dangerous drug to another person, unless authorized by law. In Texas, the delivery or offer of delivery of a dangerous drug is a State Jail Felony.
Call Attorney Brad Thornton, a top possession of dangerous drug attorney in San Antonio, Texas.
Defenses to Possession of a Dangerous Drug in Texas
If you have been charged with possession of a dangerous drug in Texas, you may be able to raise defenses to the charge in order to have it dismissed or reduced. Below are some common defenses to possession of a dangerous drug in Texas, including search and seizure issues.
Lack of knowledge: In order to be convicted of possession of a dangerous drug in Texas, the prosecution must prove that you knew the drug was present and that it was a dangerous drug. If you did not know that the drug was present or that it was a dangerous drug, you may be able to argue that you did not possess it.
Unlawful search and seizure: The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures by the government. If law enforcement officers searched your person, home, or vehicle without probable cause or a warrant, any evidence of possession of a dangerous drug found during the search may be suppressed, or excluded, from your case. This can be a strong defense if the evidence against you is based largely on the drugs found during the search.
Prescription: If you were in possession of a dangerous drug because you needed it for a medical condition, and you were prescribed the drug, that is a defense. This defense may be available if you had a legitimate prescription for the drug or if you were using it to treat a serious medical condition.
Entrapment: Entrapment occurs when law enforcement officers induce a person to commit a crime that they otherwise would not have committed. If you can show that you were entrapped into possessing a dangerous drug, you may be able to have the charge against you dismissed.
It is important to note that these defenses may not be applicable in every case and may require the assistance of an experienced criminal defense attorney. If you have been charged with possession of a dangerous drug in Texas, it is important to seek legal counsel as soon as possible to discuss your options and potential defenses.
