The District Attorney in Texas actively prosecutes cocaine charges. Narcotics crimes involving cocaine can have severe and long reaching consequences for a person convicted of the crime. Because of this, it is important to contact a cocaine defense attorney such as Brett Podolsky who is experienced in defending cocaine related charges.
Many cocaine related charges are the result of an improper search of either a person or a vehicle. Attorney Brett Podolsky will force the prosecution to only use evidence obtained through legal means. His aggressive defense tactics may result in reduced or dismissed charges.
Cocaine charges may fall into several different categories. Each category will carry its own penalty structure and elements which are necessary for the prosecution to prove. Cocaine charges may include any of the following offenses:
The most common offense is possession of cocaine. For a person to be convicted of possession of cocaine, the prosecution must prove beyond a reasonable doubt that the offender knowingly possessed the drugs. Drug possession may be actual or constructive. Actual possession occurs when the cocaine is found on the person, like in the suspect’s pocket. Constructive possession occurs when the drugs are found near a person but he does not actually have the drugs on his body. An example of this would be drugs discovered under the car seat where the suspect was sitting.
The penalties for cocaine charges are driven by the weight of the narcotics recovered and the type of offense charged. The Texas Criminal Code provides that for a person possessing less than a gram of cocaine, the sentenced imposed should involve 180 days in state jail. As the weight of cocaine increases, the punishment will steadily increase to a maximum of life imprisonment. Other legal consequences may include fines and court costs, probation and drug treatment classes.
For a person who has never been convicted of a crime, it may be possible to receive probation instead of incarceration. The possibility of this outcome will also depend on the amount of cocaine recovered. The possible outcomes of the charge should be discussed with a criminal defense attorney experienced in drug charges.
Because of Brett Podolsky’s unique experience as a District Attorney, he understands what problems prosecutors face in proving a narcotics case. Brett Podolsky will be able to exploit those problems to his client’s advantage. Further, he knows what strategies the prosecution may take and can challenge those strategies on behalf of his clients. With the input from his client, he will be able to construct an aggressive defense which will result in the best possible outcome for his client.
For a free consultation, contact the Law Office of Brett A. Podolsky at 713-227-0087.
