Houston defense attorney Jim Medley has defended hundreds of Possession / Delivery of Controlled Substance cases. Many drug cases have been dismissed, reduced to lesser charges, or found not guilty by juries. As a former Texas police officer, Mr. Medley is uniquely familiar with the techniques and procedures used in police drug investigations. His experience working with the police has shown Mr. Medley that police officers are more likely to lie in their reports and falsify evidence in drug investigations than many other investigations. His background gives him a unique perspective and a unique ability to examine police reports and identify inaccuracies.
Drug investigations also frequently involve search and seizure. Attorney Medley was a professor of Criminal Justice for seven years, and taught search and seizure law to law enforcement students and future law students. He has unique insight into the technical aspects of search and seizure law, and due to the demands of teaching, he has researched many details of the law that many other Houston defense attorneys never bother to learn.
CONSENT TO SEARCH
A common point of controversy in drug cases is the consent to search. Many times police officers obtain consent to search from people who have illegal drugs or other contraband in their vehicles. Sometimes police officers trick people or intimidate them into giving consent to search. Texas courts will accept a consent to search even if it is not in writing. This can cause problems in that police can just say they obtained consent to search when they really did not. Those situations are difficult to combat after it's happened, especially if the person arrested has a prior record. Not all criminal defense attorneys in Houston have the experience needed to deal with these situations.
TRAFFIC STOPS
Being stopped for a traffic violation places a citizen in a bad situation in Texas. Texas law allows a full arrest of anyone found committing a traffic violation, except for speeding. Texas courts have interpreted this power to authorize a search of a vehicle pursuant to a traffic violation EVEN IF THE OFFICER HAS NOT MADE A CUSTODIAL ARREST of the violator. This amounts to a blanket authority of police to search the entire vehicle of anyone stopped for ANY traffic violation. This includes stops for : no seatbelt, no front license plate, failure to signal intent to turn, and other police favorites.
POSSESSION
In Texas, possession of something occurs when a person intentionally has care, custody, control, or management over the item(s) in question. Possession does not require ownership. Even if drugs belong to someone else, any person who knowingly has care, control, or management of drugs when they are found can be charged. The "it ain't mine" claim is no defense if the person at least knew about the presence of the drugs.
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