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If you’re facing drug charges in San Antonio, New Braunfels, San Marcos, or Austin, you need the right defense strategy to protect your rights. One of the most effective ways to do this is by challenging the evidence against you. DWI Guys Texas, a top criminal defense firm with a track record of success, is here to help. With a team of skilled attorneys, we’re committed to providing you with the best defense possible. Call us today at (210) 570-2590 or visit our website at www.dwiguystexas.com.

In this blog post, we’ll outline some common ways to challenge evidence in drug cases, which can potentially lead to a reduced sentence or even a dismissal of the charges against you.

Challenging Evidence in Texas Drug Cases

Challenge the legality of the search and seizure

One of the primary ways to challenge evidence in drug cases is by questioning the legality of the search and seizure that led to the discovery of the drugs. The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures, and if law enforcement violated your rights, the evidence obtained may be deemed inadmissible.

To effectively challenge the search and seizure, your defense lawyer will need to demonstrate that there was no probable cause, that law enforcement failed to obtain a proper search warrant, or that the search was conducted outside the scope of the warrant.

Question the accuracy of drug tests

Drug tests, such as field tests or lab tests, are commonly used by law enforcement to identify and quantify the presence of controlled substances. However, these tests are not always accurate, and your defense attorney can challenge their reliability in court.

Your lawyer may question the chain of custody, the qualifications of the person who conducted the test, or the accuracy of the testing method itself. If the test results can be shown to be unreliable, the evidence may be excluded from the case.

Argue that the drugs belonged to someone else

In some cases, you may be able to challenge the evidence by asserting that the drugs belonged to someone else. This strategy requires establishing reasonable doubt about whether you possessed or had control over the drugs in question.

Your defense attorney will need to present evidence or testimony to support your claim that the drugs were not yours, or that you had no knowledge of their presence. This may involve pointing out inconsistencies in witness statements, or presenting an alternative explanation for the presence of the drugs.

Expose procedural errors by law enforcement

Procedural errors by law enforcement can also result in the exclusion of evidence in drug cases. Your defense lawyer can challenge the admissibility of evidence if the police failed to follow proper procedures when collecting, handling, or storing the evidence.

Examples of procedural errors include failing to properly document the chain of custody, mishandling of the evidence, or not adhering to proper storage protocols. If these errors are shown to have occurred, the evidence may be deemed inadmissible.

When you’re facing drug charges, it’s crucial to have an experienced criminal defense attorney by your side. DWI Guys Texas are committed to helping you challenge the evidence in your case and protect your rights. Contact us today at (210) 570-2590 or visit our website at www.dwiguystexas.com for a free consultation.

Disclaimer: The content on this website is for general informational purposes only and does not constitute legal advice or establish an attorney-client relationship. Do not act or rely on this information without consulting a licensed attorney in your jurisdiction. Contacting this law firm or its attorneys through this site does not create an attorney-client relationship or duty of confidentiality.