How Can You Defend Against Drug Charges in a Criminal Case?
Being charged with a drug-related offense can feel overwhelming. The fear of jail time, the potential damage to your record, and the stress of managing the legal process can weigh heavily on your shoulders.
For many, it’s not just a legal issue—it’s a personal crisis that impacts their career, relationships, and future. Whether it’s your first charge or you’ve faced the court before, the uncertainty of what lies ahead can be paralyzing.
At The Torres Attorneys, we’ve helped clients in Corpus Christi, Dallas, San Antonio, and throughout Fort Worth, Texas, stand up against drug charges with informed, strategic defense.
Dee Ann Torres and Richard "RJ" Torres have extensive experience handling criminal cases in Texas courts, and we know what it takes to fight for your rights and protect your future.
If you're facing a drug charge—whether for possession, distribution, or something more serious—you need to understand your defense options. Below, we’ll break down key strategies that can be used in a criminal drug case. Reach out to us as soon as possible if you're facing drug charges and want experienced legal guidance.
Your Rights During the Arrest Are Important
Before going into defense strategies for drug charges, it’s important to consider how your arrest was handled. Law enforcement officers must follow specific procedures, and when they don’t, it may create an opportunity to challenge the charge.
Key rights you have during and after an arrest include:
Protection against illegal search and seizure: Officers typically need a warrant or probable cause
Right to remain silent: You don’t have to answer questions without a lawyer present
Right to legal counsel: You’re entitled to an attorney as soon as you request one
Right to be informed of the charges: You must be told what you're being charged with
If any of your rights were violated during the arrest, this could be a powerful part of your defense. Unlawfully obtained evidence may be excluded from court, and in some cases, charges can be dropped entirely.
Challenging the Legality of the Search and Seizure
One of the most common defenses in a drug case involves how the drugs were discovered. If police found them through an unlawful search, that evidence may not be admissible in court.
Situations where a search could be legally challenged:
No warrant or consent: Officers searched your home or car without permission or a valid warrant
Traffic stop overreach: Police exceeded the bounds of a routine stop without cause
Improper use of K9 units: Drug-sniffing dogs were used without meeting legal standards
Search without probable cause: Officers acted on a hunch, not credible information
The Constitution protects you from invasive government actions. If the search that led to your arrest violated your Fourth Amendment rights, your attorney can file a motion to suppress the evidence—often weakening the prosecution's case significantly.
Disputing Possession
Just because drugs were found nearby doesn’t automatically mean they were yours. In many cases, especially involving vehicles or shared residences, prosecutors must prove that you knowingly possessed the drugs.
Common defenses related to possession include:
Lack of knowledge: You didn’t know the drugs were present
Shared access: Others had equal access to where the drugs were found
Planted evidence: Law enforcement or another party placed drugs near you
Constructive possession issues: You were near the drugs, but didn’t have control over them
Establishing that you didn’t have control or awareness of the drugs can lead to reduced charges—or even full dismissal—especially in cases without strong physical evidence.
Questioning the Substance Identification
It might seem obvious, but with drug charges, the prosecution must prove that the substance in question is actually an illegal drug. Mistakes in testing or handling the evidence can give you grounds to challenge the charge.
Key points related to drug testing and identification include:
Lab errors: Mistakes in processing or analyzing the substance
Chain of custody issues: Improper handling or storage of evidence
Unreliable field tests: Field kits often produce false positives
Mislabeling or contamination: Evidence may have been mixed up or tampered with
Requesting independent testing or thoroughly reviewing lab records can uncover serious flaws in how the evidence was handled. A good defense attorney won’t take the prosecution’s word for it—they’ll dig deep into the evidence.
Proving Lack of Intent
Some drug charges—such as possession with intent to distribute or drug trafficking—require the prosecution to prove what your intention was. That’s not always easy to do.
Ways to challenge intent-based charges include:
No paraphernalia or packaging: No signs of distribution activity
Small quantities: The amount was clearly for personal use
No large cash amounts or communications: No evidence of selling
Lack of prior history: No criminal background suggesting distribution
Intent can be a grey area. Just because drugs were found doesn’t mean the state can prove you intended to sell or traffic them. Showing alternative explanations or lack of evidence can help reduce or drop more serious charges.
Asserting Medical or Legal Use
In certain situations, drug possession or use may have a valid legal defense under state or federal laws. Though Texas has strict drug laws, there are still cases where exceptions apply.
Defenses related to legal or medical use may include:
Medical marijuana prescriptions: For conditions approved under Texas law
Prescription drugs: You had a valid prescription for the medication
Out-of-state compliance: You complied with another state’s laws where the substance was legal
Good Samaritan laws: Protection when seeking emergency help for an overdose
Your attorney can help demonstrate that your use or possession of the substance was permitted under the law—or that you had a reasonable belief that it was.
Entrapment by Law Enforcement
Entrapment occurs when law enforcement induces someone to commit a crime they wouldn’t have committed otherwise. While this defense doesn’t apply to every situation, it’s important when undercover operations or informants are involved.
Entrapment may be a valid defense if:
You were pressured or persuaded by an officer
You were offered drugs by someone working with law enforcement
The idea originated with police, not you
You had no prior intent to commit the offense
Texas courts look closely at whether the accused was predisposed to commit the crime. If your attorney can show that you were manipulated or set up, you may have a strong case for dismissal.
Identifying Weaknesses in the Prosecution’s Case
Sometimes the strongest defense isn’t one single argument—it’s exposing all the small gaps in the prosecution’s case. Every drug case must meet a high burden of proof, and it’s the state’s job to prove guilt beyond a reasonable doubt.
Examples of weaknesses that can be challenged include:
Inconsistent witness statements
Incomplete police reports
Missing or unclear surveillance footage
Unreliable informants
Improper procedure or sloppy investigation
Your attorney should carefully examine every aspect of the case. One flaw in the evidence may not seem like much, but several small cracks can be enough to dismantle the state’s case altogether.
Exploring Diversion Programs and Alternatives
Even if the evidence is strong, you may still have options outside of jail. Texas offers several diversion programs and alternative sentencing paths—especially for first-time offenders or those facing low-level charges.
Some of the alternatives available include:
Pre-trial diversion programs: Avoid prosecution by completing rehab or counseling
Deferred adjudication: Probation without a final conviction
Drug court programs: Intensive supervision with treatment and regular check-ins
Community service or education-based sentencing
These options can help you avoid jail time and keep a conviction off your record. A good attorney will explore every possibility—not just going to trial.
Reach Out to a Skilled Criminal Defense Lawyer
Drug charges don't have to define your future. Whether you're facing a minor possession case or a more serious trafficking allegation, the right defense can make all the difference.
At The Torres Attorneys, we’ve helped clients across Corpus Christi, Dallas, San Antonio, and Fort Worth, fight back against drug charges with confidence and clarity.
Dee Ann Torres and Richard "RJ" Torres are committed to protecting your rights, your record, and your future. We listen closely, act quickly, and defend fiercely. Whether you need help challenging a search, questioning the evidence, or negotiating a fair outcome, we’re here to guide you every step of the way.
Don’t wait to take action. The sooner you contact us, the more time we’ll have to prepare your defense. Reach out to us today to schedule your confidential consultation with an experienced criminal defense attorney.