Drug Trafficking Attorney in Brazoria County

Key Elements the Prosecution Must Prove

To secure a conviction for Manufacture or Delivery of a Controlled Substance, the Brazoria County District Attorney must prove, beyond a reasonable doubt, that you:

• Possessed a Controlled Substance (or engaged in delivery/manufacture): You had actual care, custody, control, or management of the illegal drug.
• Knew the Substance was Illicit: You were aware the substance was classified as a controlled substance under Texas law.
• Possessed with Intent to Deliver/Sell: This is the most crucial element separating drug trafficking from simple possession. The prosecution typically uses circumstantial evidence to prove intent, including:
  • The large quantity of the drug.
  • Packaging materials (e.g., small baggies, scales).
  • Large amounts of cash.
  • Weapons found with the drugs.
  • Testimony from confidential informants (CIs) or co-defendants.

As former prosecutors, we know exactly how the State tries to build the case on circumstantial evidence. We target the elements of knowledge and intent aggressively, often leading to a reduction of the charge to simple possession.

The Defense Process in Brazoria County Courts

Drug cases originating in Brazoria County are tried in the District Courts (Angleton). Effective defense involves a multi-pronged approach that begins with challenging the foundational evidence.

• Challenging the Search and Seizure (Fourth Amendment): Many drug trafficking arrests begin with a traffic stop or a search of a vehicle or property. We meticulously scrutinize the police's conduct to ensure your rights were not violated. If law enforcement lacked probable cause for the search or stop, any evidence obtained is "fruit of the poisonous tree" and must be suppressed by the judge, often resulting in a dismissal of the charge.
• Wiretap and Informant Challenges: If your case involves federal agents, wiretaps, or confidential informants, we file motions to challenge the validity of the warrant or the credibility of the informant's testimony.
• Expert Witness Testimony: We use forensic scientists to challenge the State's analysis of the substance's weight or purity. We also use our own experts to testify that the quantities or packaging found were consistent with personal use, not drug trafficking.
• Mitigation of Mandatory Minimums: Where conviction seems unavoidable, we fight for plea agreements that reduce the charge to a lower felony grade, thereby avoiding the harsh mandatory minimums and opening the door to probation or less severe sentencing options.

FAQs

What counts as drug trafficking in Texas?

Drug trafficking in Texas covers manufacturing, transporting, or distributing sizeable amounts of controlled substances with the intent to distribute. Charges and penalties vary based on the type and weight of the drugs and the facts of the case.

How do local authorities investigate drug trafficking cases?

In Brazoria County, investigations typically involve surveillance, confidential informants, or search warrants. Larger cases may involve assistance from state or federal agencies when activity crosses jurisdictional lines.

What penalties could I face for a conviction?

Convictions for drug trafficking can lead to long prison terms, substantial fines, probation, and a permanent criminal record. The amount and type of drug, involvement of weapons, or prior history affect sentencing.

Can charges be reduced or dismissed?

Outcomes depend on the evidence, legal issues, and available defenses. Some cases may lead to reduced or dismissed charges if there are substantial weaknesses in the prosecution’s evidence.

Why is it important to have a lawyer with local experience?

Attorneys with experience in the local court system understand how judges, prosecutors, and court staff operate in Brazoria County. This advantage helps in building a responsive defense and navigating county-specific processes.

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