When a search by Texas authorities leads to an arrest for drugs, criminal defense counsel must investigate the facts thoroughly and evaluate whether the procedures employed were constitutionally valid. If the police overstep their authority under the constitution of Texas or its federal counterpart, a motion to suppress the evidence may be successful in getting the drug charges ultimately dismissed. Where the court orders suppression of the drug evidence, the dismissal of the charges often follows due to the lack of substantial evidence to make the charges stick.
These are considerations that may come into play in the recent arrest of a man charged with possessing with the intent to sell a quantity of methamphetamine. The police entered a mechanic shop in Henderson County, Texas and searched the shop, according to reports. Police say that they arrested the 47-year-old suspect for having methamphetamine that was packaged for sale and distribution.
According to the Henderson County Sheriff, the suspect was arrested for dealing drugs. However, there are no facts reported that indicate that anyone purchased drugs from the suspect. It is more likely that the charges are more accurately stated as being possession of a controlled drug with intent to deliver. The intent to deliver is proved by showing factors such as packaging, weighing devices, small bags prepared to sell with labels on them, and similar indicia that the suspect intends to sell.
Texas law provides that a charge of selling drugs can generally only be proved by testimony of an undercover agent or other witnesses who state that a drug transaction was observed being conducted or assisted by the suspect. If the police did in fact bring drug charges consisting of selling drugs, then depending on the facts, the defendant may have a strong defense. That is one of the issues that the suspect's criminal defense counsel will investigate as soon as he or she enters the case.
Source: kltv.com, "Search at mechanic shop in Henderson County leads to arrest of man accused of drug dealing", Whitney Mayfield, April 10, 2018