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former federal prosecutors


Most of our cases have ended in
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Oberheiden Attorneys

Federal Drug Possession Defense Attorneys

Since the “War on Drugs” launched a few decades ago, we’ve seen the face of law enforcement change across this country. No longer primarily interested in preventing violent crime above all else, our criminal justice system now targets addicts and other low-level drug offenders as a top priority.

Drug crimes comprise the bulk of the criminal prosecutions in this country, and that’s true here in Texas, too. State and federal prisons are filled with people who never laid a finger on anyone else, but who have simply faced a personal struggle affecting millions across this country.

The state and federal drug statutes have been expanded again and again, and we now have a situation where people who make a single mistake sometimes spend years in prison. The outcomes are frequently unfair, and the media pays far too little attention to the fundamental injustice that is now commonplace in the War on Drugs.

The penalties are too harsh, the policing too aggressive, and the prosecutorial power too one-sided. As you can imagine, these are terrifying charges for anyone who faces them. Freedom, future, and reputation are all on the line.

The crime of drug possession is particularly vulnerable to unfairness and abuse because it specifically targets people who have only a small amount of a substance in their possession.

Many of these people are simply in the wrong place at the wrong time. Some are apprehended when trying a substance for the first time – a fleeting error in judgment. Others are prosecuted even though they never realized they were technically “in possession” of drugs in the first place.

The state and federal governments consistently try to get the toughest possible penalties for defendants in drug cases. Nevertheless, for a defendant with excellent legal representation, there is hope.

If you are facing drug possession charges in Texas, you need to retain an aggressive lawyer as soon as possible. The federal drug possession defense attorneys at Oberheiden Law Group, PLLC can help.

How Texas Prosecutes Drug Possession

Drug possession cases often begin with a routine traffic stop. Police know that if they stop enough vehicles, they can find small amounts of controlled substances (or related paraphernalia) with some regularity. As a matter of fact, many of the traffic stops in our state are made in the hopes of pressing drug charges.

Other times, police bring drug possession charges as part of an ongoing investigation or sting. They might follow people who leave a suspected drug dealer’s house. Sometimes, people who call the police for their own protection end up arrested after officers discover paraphernalia or drugs at the scene.

Legal violations are common. Police frequently fail to follow the necessary procedures, and the evidence often proves to be inadmissible or otherwise unreliable. It’s important to work with a law firm that understands how to investigate the evidence against you and hold it to the highest legal standards.

Once the case is turned over to the District Attorney’s office, you can expect the state to prosecute it aggressively. Nevertheless, our drug possession defense attorneys have often been able to negotiate a dismissal of the charges in our clients’ cases – even before they ever go to court.

Federal Drug Possession

Most possession arrests happen at the state level. Indeed, the arresting officer is often a county sheriff’s deputy or another local law enforcement officer.

But drug possession is a federal offense, too. The federal government uses its own schedule for controlled substances, and the FBI and DEA are both actively involved in policing drug activity in this country, including here in Texas.

While most federal investigations focus on high-level supply chains, the feds have recently been experimenting with a new bottom-up approach, frequently targeting lower-level users in order to identify dealers.

Federal drug possession charges are more likely if:

  • A federal office makes the arrest
  • The defendant takes the drugs across state lines
  • The drugs are found on federal property
  • The drugs are transported through the mail
  • The drugs are found as part of a larger federal drug investigation
  • The defendant is an alleged conspirator in a larger drug operation

Unfortunately, federal prosecutors frequently overreach in these cases. Individual users possessing only small amounts of drugs have been unwittingly caught up in alleged conspiracies or interstate trafficking schemes.

Federal drug crimes are extremely serious. If you believe you’re under investigation, please contact our federal drug defense attorneys right away.

Free Case Consultation for State and/or Federal Drug Charges

To get started with a free consultation, please contact the federal drug defense attorneys Oberheiden Law Group, PLLC by calling 1-888-356-4634 or submit questions on our online form as soon as possible.

We care about what happens to you, and we will fight to get the charges against you dropped. Time matters. Act now. Contact us today.

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