770 S. Post Oak Lane,
Houston, Texas 77056
Office: (713) 552-0300
Fax: (713) 552-0746
As our nation continues the never-ending “war on drugs,” more and more of our citizens are being arrested and charged with drug offenses ranging from simple possession of marijuana to complex drug conspiracies involving multiple co-defendants and large quantities of controlled substances. While the majority of the Drug/Controlled Substance cases are filed in state court, the more complex cases are often filed in federal court. Whether it be state or federal court, both jurisdictions call for harsh penalties, and in some cases, mandatory minimum periods of confinement for those convicted of certain Drug/Controlled Substance Offenses.
In defending Drug/Controlled Substance cases, the most common issues we face in court revolve around the legality of the search or seizure of the suspected controlled substances, whether the drug or controlled substance was “knowingly” possessed, and whether the alleged controlled substance is in fact a controlled substance at all. As the government continues to use confidential informants, snitches, and special narcotics task forces to build their cases, it becomes apparent that many of those involved have an interest in the outcome of the case aside from simply seeking justice. Snitches and informants often trade their testimony or involvement in the case for their own liberty. Some units within law enforcement receive additional funding based on the quantity of controlled substances seized and number of arrests made. These motives and outside influences sometimes lead to the wrongful arrest and conviction of our citizens. You can read Jack Zimmermann’s report on the fake-drug scandal here addressing these very issues.
Just as we do in every case we handle, we begin our representation with a thorough investigation into the facts surrounding the allegation. This may involve conducting thorough background checks on witnesses and/or snitches, interviewing witnesses, testing the alleged Drug/Controlled Substance, or closely examining what can be in some cases hundreds of hours of wiretaps. We then identify what, if any, legal issues there are in the case. For example, we examine whether the police had a legal basis to make the initial stop that led to the seizure of the Drug/Controlled Substance, whether the police had a legal basis for the arrest that led to the seizure of the Drug/Controlled Substance, and whether the actual search and/or seizure of the Drug/Controlled Substance was lawful. We try to identify what, if any, evidence the government has to link the Drug/Controlled Substance to the citizen accused. Merely being present where a Drug/Controlled Substance is found is usually not enough without some type of affirmative link between the Drug/Controlled Substance and the citizen accused. The bottom line is that we will do everything we possibly can in pursuit of your legal defense within the limits prescribed by law and professional ethics.
If you are facing charges involving drugs or controlled substances, you need to act now to preserve your rights. Contact the criminal defense lawyers at the law firm of Zimmermann Lavine & Zimmermann, P.C. today to schedule an initial consultation.