THE bEDFORD LAW FIRM
THE CRIMINAL DEFENSE FIRM
THE CRIMINAL DEFENSE FIRM
| PRINCIPAL PLACE OF BUSINESS : 314 E Highland Mall Blvd, Suite 100, Austin, Texas 78752 NOTICE: The Bedford Law Firm is selective in accepting new clients and may refuse service to any prospective client so that it may better serve its current clients. DISCLAIMER The information contained within this site is for informational and educational purposes only. No content contained herein shall constitute legal advice. By utilizing this site, the user acknowledges and accepts the foregoing terms. |
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| DRUG CRIMES DEFENSE ATTORNEY |
The Bedford Law Firm aggressive represents clients accused of
drug related crimes in Austin, Georgetown and surrounding
areas. From the beginning of your case, The Bedford Law Firm
begins developing your defense. There are critical issues that
the state has to prove. The Bedford Law Firm prepares to do
battle at trial on these issues so that the client has the best
change of both winning at trial or negotiating a beneficial
settlement in their case. We do this because our clients deserve
Results, Not Excuses! If you or a loved-one have been accused
of a drug related crime and need results, Contact Us Today!
THE PROSECUTION MUST PROVE
The State Must Prove Knowledge and Possession the
Contraband Substance
The state must prove that a defendant had actual possession of a
controlled substance or a dangerous drug. Under the Controlled
Substances Act, the state must prove that a defendant had actual
care, custody, control or management of the contraband in order
to prove that the defendant had possession of the contraband.
Generally, the state must prove that a defendant had knowledge
of the contraband and exercised some control over it.
Special Situations Where Its Not Clear Who Possessed The
Drugs
A couple of situations arise regularly that provide a good
illustration of the state’s obligation to link the contraband to the
defendant. A defendant may have been driving a car that
contained a contraband substance, but did not know that the
contraband substance was in the vehicle. Or several people live
in a home, and drugs have been found in that home under
circumstances where it’s not clear to whom the drugs belonged.
In such an instance, the state would have to prove that there that
there are affirmative links between the defendant and the
contraband to such an extent and in such a manner that one
might reasonably infer that the defendant knew of the contraband
substances existence and exercised control over it.
The Bedford Law Firm works tirelessly to identify those issues that
will provide the greatest benefit for the client at trial and during
negotiations. Then, the firm prepares: through investigations,
through discovery, and through pretrial motions. The firm seeks
to gain every advantage available for our clients so that the
outcome of their case is favorable.
DRUG CRIMES
Possession of A Controlled Substance
A controlled substance is any drug designated by law whose
availability is restricted by federal or state Controlled Substances
Acts, including but not limited to narcotics, stimulants,
depressants, hallucinogens, and marijuana.
Possession of a Dangerous Drug
Even where the law does not restrict availability of a substance,
possession of an otherwise legal substance may be a crime
where there is an intent to use or actual use of a volatile chemical
or abusable glue or aerosol paint in a manner contrary to the
substances intended use and for the purpose of affecting the
person’s central nervous system in order to achieve a high.
Possession of Marijuana
In addition to proving actual possession of marijuana, the state
must prove that the amount possessed must be was a usable
quantity.
Delivery of A Controlled Substance or Dangerous Drug
It is a crime to deliver a contraband substance listed in the Health
and Safety Code. Generally, “delivery” contemplates the manual
transfer of property from the transferor to the transferee or to the
transferee's agents or to someone identified in law with that
person.
Delivery of Simulated Controlled Substance
A simulated controlled substance is a substance that is not
actually a controlled substance or dangerous drug, but one that a
defendant has represented to another person as being so.
Delivery of a simulated controlled substance while representing it
to be a controlled substance is a crime.
Obtaining Drugs Through Fraud
A person may be charged with the crime of obtaining controlled
substances by fraud where the person forges or alters a
prescription in order to obtain the contraband substance.
Manufacturing
It is a crime to under both the dangerous drug statute and the
Controlled Substances Act for a person to engage in the
unauthorized manufacture of controlled substances or dangerous
drugs or a counterfeit substance with the intent to deliver it or to
manufacture drug paraphernalia with the intent to deliver it to a
person who intends to use it to violate the Controlled Substances
Act
Illegal Investment
It is a crime for a person to expend funds that the person knows
are derived from the commission certain offenses related to the
manufacture, delivery, or possession of certain contraband
substances. It is also a crime for a person to finance or invest
funds he or she knows or believes are intended to be used in a
manner related to the manufacture, delivery, or possession of
certain contraband substances.
Prohibited Substances in Correctional Facilities
Generally, it is a crime for a person to carry a controlled
substance, dangerous drug, or alcoholic beverage onto the
property of a correctional facility.
PUNISHMENT
The following are a list of potential consequences that may arise
as part of or in addition to a conviction of the crimes listed above.
Jail Time
Probation
Suspension of Driver's License
Reimbursement of Costs
Forfeiture of Assets: Property and Money
drug related crimes in Austin, Georgetown and surrounding
areas. From the beginning of your case, The Bedford Law Firm
begins developing your defense. There are critical issues that
the state has to prove. The Bedford Law Firm prepares to do
battle at trial on these issues so that the client has the best
change of both winning at trial or negotiating a beneficial
settlement in their case. We do this because our clients deserve
Results, Not Excuses! If you or a loved-one have been accused
of a drug related crime and need results, Contact Us Today!
- NOTE: Below is information regarding Drug Crimes, but
readers are reminded that THERE IS NO SUBSTITUTE
FOR A GOOD CRIMINAL DEFENSE ATTORNEY.
THE PROSECUTION MUST PROVE
The State Must Prove Knowledge and Possession the
Contraband Substance
The state must prove that a defendant had actual possession of a
controlled substance or a dangerous drug. Under the Controlled
Substances Act, the state must prove that a defendant had actual
care, custody, control or management of the contraband in order
to prove that the defendant had possession of the contraband.
Generally, the state must prove that a defendant had knowledge
of the contraband and exercised some control over it.
Special Situations Where Its Not Clear Who Possessed The
Drugs
A couple of situations arise regularly that provide a good
illustration of the state’s obligation to link the contraband to the
defendant. A defendant may have been driving a car that
contained a contraband substance, but did not know that the
contraband substance was in the vehicle. Or several people live
in a home, and drugs have been found in that home under
circumstances where it’s not clear to whom the drugs belonged.
In such an instance, the state would have to prove that there that
there are affirmative links between the defendant and the
contraband to such an extent and in such a manner that one
might reasonably infer that the defendant knew of the contraband
substances existence and exercised control over it.
The Bedford Law Firm works tirelessly to identify those issues that
will provide the greatest benefit for the client at trial and during
negotiations. Then, the firm prepares: through investigations,
through discovery, and through pretrial motions. The firm seeks
to gain every advantage available for our clients so that the
outcome of their case is favorable.
DRUG CRIMES
Possession of A Controlled Substance
A controlled substance is any drug designated by law whose
availability is restricted by federal or state Controlled Substances
Acts, including but not limited to narcotics, stimulants,
depressants, hallucinogens, and marijuana.
Possession of a Dangerous Drug
Even where the law does not restrict availability of a substance,
possession of an otherwise legal substance may be a crime
where there is an intent to use or actual use of a volatile chemical
or abusable glue or aerosol paint in a manner contrary to the
substances intended use and for the purpose of affecting the
person’s central nervous system in order to achieve a high.
Possession of Marijuana
In addition to proving actual possession of marijuana, the state
must prove that the amount possessed must be was a usable
quantity.
Delivery of A Controlled Substance or Dangerous Drug
It is a crime to deliver a contraband substance listed in the Health
and Safety Code. Generally, “delivery” contemplates the manual
transfer of property from the transferor to the transferee or to the
transferee's agents or to someone identified in law with that
person.
Delivery of Simulated Controlled Substance
A simulated controlled substance is a substance that is not
actually a controlled substance or dangerous drug, but one that a
defendant has represented to another person as being so.
Delivery of a simulated controlled substance while representing it
to be a controlled substance is a crime.
Obtaining Drugs Through Fraud
A person may be charged with the crime of obtaining controlled
substances by fraud where the person forges or alters a
prescription in order to obtain the contraband substance.
Manufacturing
It is a crime to under both the dangerous drug statute and the
Controlled Substances Act for a person to engage in the
unauthorized manufacture of controlled substances or dangerous
drugs or a counterfeit substance with the intent to deliver it or to
manufacture drug paraphernalia with the intent to deliver it to a
person who intends to use it to violate the Controlled Substances
Act
Illegal Investment
It is a crime for a person to expend funds that the person knows
are derived from the commission certain offenses related to the
manufacture, delivery, or possession of certain contraband
substances. It is also a crime for a person to finance or invest
funds he or she knows or believes are intended to be used in a
manner related to the manufacture, delivery, or possession of
certain contraband substances.
Prohibited Substances in Correctional Facilities
Generally, it is a crime for a person to carry a controlled
substance, dangerous drug, or alcoholic beverage onto the
property of a correctional facility.
PUNISHMENT
The following are a list of potential consequences that may arise
as part of or in addition to a conviction of the crimes listed above.
Jail Time
Probation
Suspension of Driver's License
Reimbursement of Costs
Forfeiture of Assets: Property and Money
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