EL Paso Drug Crime Lawyers

Defenses to Drug Charges in El Paso & Texas

Believing you had a one-pound brick of marijuana can lead to prosecution in either a Texas court for a minimum sentence of 15 years or a potential federal sentence of five years to life if that brick is subsequently identified as cocaine or methamphetamine.

For this reason, each case must be evaluated carefully and quickly to determine which defense strategy will be most effective. 

Some of the defenses we may assert include the following.

Challenging bond or bail recommendation: This is done to learn more about the prosecution’s case early on. In a federal case, your bond hearing (Preliminary and Detention hearing) may be the only contested hearing that you have to determine the strength of the government’s case. A bond hearing is more than simply securing your temporary release from jail.

Consider filing a Motion to Suppress. This is a legal challenge to any unlawful state or federal action that violates the protection against illegal search and seizures under the Fourth Amendment of the U.S. Constitution. 

Such a challenge may involve a traffic stop during which a drug dog located the alleged controlled substance, the execution of an improper search warrant on your house or place of business, or a Title III wiretap application for your cell phone.

Evaluation of criminal history and the charged offense. Has an 18 U.S.C. § 851 been filed? This is a document that can double your mandatory minimum. Are there qualifying prior crimes that could be used to enhance the penalties if you are convicted of a Texas drug offense? 

These questions, and more important items, need to be identified and handled quickly and effectively to ensure that choices are not made that cause the prosecution to retaliate by increasing the severity of the charge and the resulting penalties or punishment range.

At Benjamin Law Firm, we know how to raise all these challenges and others. If the actions of law enforcement were based on incorrect or unsubstantiated information, this may be the best line of defense to pursue. Alternatively, simply recognizing that the law may provide an avenue for a well-supported motion may encourage the prosecution to negotiate with us more seriously.

What Benjamin Law Firm Can Do for You

We handle all drug cases individually with attention to detail and an in-depth review of the allegations made by the state or federal agency prosecuting the offense. We are highly adept at all phases of criminal proceedings, starting with pretrial investigations and discovery, which is an analysis of the prosecution’s evidence. Attorney Brock Benjamin leverages his experience as a prosecutor to challenge the lab results, police reports, witness statements, and other information to refute the government’s case.

When you work with our firm, we encourage your full participation in your defense so that we can better identify and process facts not apparent to investigators. We help you navigate the criminal justice system and can respond to your questions and concerns. We provide our personal cell phone number so that we can stay in contact and help you make the best decisions based on our advice.