If you’re caught with illegal drugs in your home or car in Texas, you could face serious criminal charges. Whether it’s a small amount of marijuana, prescription meds without a prescription, meth, cocaine, or any other controlled substance, a drug-related arrest can lead to hefty fines, jail time, and a permanent mark on your record.
However, just because police find drugs in your home or car does not mean you are automatically guilty. You have legal rights that can protect you and potentially lead to a dismissal or reduction of your charges.
At The Law Office of Dennis R. Boren, we help individuals in Amarillo and throughout Texas fight drug charges and defend their rights.
If you find yourself in this situation, knowing what to do next can make a significant difference in your case. This guide explains your rights, potential legal defenses, and the steps you should take if police find drugs in your home or vehicle.
Understanding Possession
One of the key elements in a drug possession charge is proving possession. In Texas, possession falls into two categories:
Actual Possession:
- The drugs are found on your person (in your pocket, hands, or bag).
- The prosecution must prove you knowingly had control of the substance.
Constructive Possession:
- The drugs are found near you or in a place you control (such as your car, home, or workplace).
- The prosecution must prove you knew the drugs were there and had control over them.
Example: If drugs are found in the glove compartment of your car but you’re the only person in the vehicle, prosecutors may argue you had constructive possession. However, if multiple people have access to the car, this could be challenged.
What to Do If Police Find Drugs in Your Home
If law enforcement enters your home and discovers illegal drugs, here’s what you should do:
Do NOT Admit Ownership
- You have the right to remain silent.
- Do not make statements like “That’s not mine” or “I was holding it for someone.”
- Anything you say can be used against you in court.
Ask for a Search Warrant
- Police cannot enter your home without a valid search warrant, your consent, or probable cause.
- If they don’t have a warrant, politely say: “I do not consent to a search.”
- If they do have a warrant, read it carefully to ensure it’s valid.
- A lawyer can challenge how the evidence was obtained and may get the charges dismissed.
Example: If drugs were found during an illegal search without a warrant, your attorney could argue to suppress the evidence, potentially leading to case dismissal.
What to Do If Police Find Drugs in Your Car
If police pull you over and discover drugs in your vehicle, follow these steps:
Stay Silent
- Do not admit to knowing about the drugs, even if they are not yours.
- Say: “I wish to remain silent and speak to my attorney.”
Do Not Consent to a Search
- You are not required to allow a vehicle search unless police have probable cause.
- If an officer asks, say: “I do not consent to a search of my vehicle.”
- However, if drugs are in plain sight (e.g., on the seat), police can seize them.
- An attorney can argue that you did not know the drugs were in the car or that the search was illegal.
- Your lawyer may challenge whether probable cause existed for the search.
Example: If police stop you for a broken taillight and find drugs in the trunk without probable cause, your attorney could challenge the search’s legality.
Legal Defenses If Police Find Drugs in Your Home or Car
A skilled Amarillo drug crimes attorney can fight to reduce or dismiss your charges using the following defenses:
Illegal Search and Seizure (Fourth Amendment Violation)
- If police searched without a valid warrant, probable cause, or consent, the evidence may be thrown out.
Lack of Possession
- If multiple people had access to the car or home, your lawyer can argue you didn’t own or know about the drugs.
Police Misconduct or Entrapment
- If officers planted evidence or coerced you into possession, it may be grounds for case dismissal.
Crime Lab Analysis
- The prosecution must prove the substance is an illegal drug. Your attorney may request lab testing to challenge evidence.
Example: If drugs were found in a borrowed car, your lawyer can argue you had no knowledge or control over the substances.
Why You Need an Amarillo Drug Crime Lawyer
If police find drugs in your home or vehicle, you need an experienced criminal defense attorney to protect your rights.
At The Law Office of Dennis R. Boren, we:
✔ Challenge unlawful searches and seizures
✔ Fight to suppress evidence obtained illegally
✔ Negotiate for reduced charges or case dismissal
✔ Defend against drug possession, trafficking, and felony charges
Protect Your Rights After a Drug Arrest
If police find illegal substances in your home or car, stay calm, remain silent, and call an attorney immediately. The sooner you get legal representation, the better your chances of fighting the charges and avoiding a conviction.
Facing drug charges in Amarillo? Contact The Law Office of Dennis R. Boren today! Protecting your rights and navigating the complexities of these cases is critical. For professional legal advice and a free consultation, call (806) 206-8180 or (806) 808-0689 or email db*******@gm***.com today.