When someone is charged with a drug charge, they are usually accused of Possessing the drug, or Manufacturing and Delivering the drug. “Possession”, “Manufacturing”, and “Delivering” are more loosely defined by Texas laws than some of us would expect or find reasonable.
Drug charges can keep people from qualifying for career certifications or licenses, renting apartments, getting jobs, and more. Our main focus for Possession or other Drug Cases is trying to make sure that the arrest and case record can eventually be erased from your criminal history through an Expunction (see expunction information under “services offered” > “Expunctions or Non-Disclosures”). There are a few different ways someone can be eligible for an expunction, which can be discussed with a knowledgeable attorney.
With Felony Possession, Grand Jury Representation is often an effective, powerful line of defense (see Grand Jury Representation information under “services offered” > “Felony Arrests and Grand Jury Representation”).
In some cases, a Trial by Judge or Jury may be the best option. Many officers often seem determined to get drug arrests under their belt, which can result in people being falsely accused or taking the blame for something they did not intend to do. It is important for an attorney to spend a large chunk of time thoroughly investigating the client’s arrest. That includes watching Body Camera Footage, Dash Cam footage, and other videos available. It also includes combing through details of the officer’s reports, DPS Lab reports, and any other report we receive from the State. Further, it is very important for an attorney to stay up to date with Case Law (law that comes from decisions made by Judges in previous cases) to make sure no legal defenses are missed. In some drug cases, we are able to find legal issues with the arrest or investigation that can be raised at trial to get a “Not Guilty” verdict.
Collin County’s Burden to Blessing Pre-Trial Diversion Program
Most possession charges are eligible for Collin County’s Pre-Trial Diversion Program. This is often referred to as the “PTD Program” or just “PTD.” PTD is, “a 6 to 12-month innovative, affordable probation path that includes life and job skills training to put participants on a more successful path than the one that led to the offense.” Upon successful completion of the PTD program, you will be automatically eligible for an Expunction (for your records to be erased). The PTD Application process can be confusing if you haven’t been through it before. You must submit many different documents that each have a lot of information, details, and requirements.
Having a knowledgeable attorney who is an expert in the pre-trial diversion application process can make the difference between you being accepted into the program or denied.
Being Proactive with your Case
Grand Jury Representation, Trial, or a pre-trial diversion program is not always right for every case. Every case is unique. There are still many options available to you- A Dismissal, a Conditional Dismissal, a Plea, etc…. A conditional dismissal is the Court agreeing to dismiss your case, with the condition that you complete something(s) first. Sometimes the conditions are an online course, community service hours, a donation to a non-profit organization, or something else. When you “Plea” a case, you are entering into an agreement with the State on what your punishment should be. Whether it is a probation term or a short jail sentence, it is important that you have an attorney who will fight for the best deal possible for you. Sometimes, for the State to agree to a certain Plea offer, they will want to see some proactive things completed. Again, this could be online courses, community service hours, a donation to a non-profit organization, or something else. It is important to meet with an attorney early on, so that you can get a head start on any proactive things you may need to complete. Your attorney can then use it as additional leverage to work out the best deal possible for your case.