Frequently Asked Questions About Drug Crimes
If you have any questions not addressed in the following FAQs, please contact Wade Prasifka. All contact information is available on our contact page.
1. How do I know David Breston can help me? What are his qualifications?
David Breston, a graduate of the University of Texas School of Law, has successfully resolved hundreds of criminal cases by obtaining dismissals, "not guilty" verdicts," and plea agreements, which have repeatedly met his clients' demands.
2. What does "possession" actually mean?
According to Texas law, possession is "actual care, custody, management, or control" of something illegal. In addition, to be charged with possession, authorities must prove that you knew you possessed the banned substance/object long enough to get rid of it. There are two aspects considered in drug possession charges: the type of drug and the amount. You can only be charged with possession of marijuana if you have a "usable quantity" in your custody. Charges of possession of a controlled substance, such as cocaine or methenamines, are based on the weight of the substance -- including dilutants and adulterants.
3. If I am charged with a drug crime, do I really need a defense lawyer?
Criminal defense lawyers balance the playing field between the prosecution and the defendant. Whether you are innocent or guilty, hiring a defense lawyer is the only way to ensure your rights are protected and that the truth prevails. If you are convicted, a defense lawyer can often get your sentence minimized and sometimes even keep the charge off your permanent record.
4. How do you keep a drug charge off my permanent record?
There are three ways to prevent your charge off your permanent record:
- Get the state to dismiss your case
- Getting a "not guilty" verdict by winning a trial by jury or judge
- Obtaining deferred adjudication probation
Your criminal record can be sealed immediately upon you completion of misdemeanor deferred adjudication, but in the case of felony deferred adjudication, there is a 10 year period before your record can be sealed.
5. Will the District Attorney dismiss the charges if I am innocent?
The District Attorney should dismiss all charges if you are indeed innocent, but that rarely happens. District Attorneys often don't comprehend the phrase "innocent until proved guilty." But they do understand that the majority of people, if they don't have a good defense lawyer, aren't capable of presenting a case strong enough to prevent a conviction.
6. Will the state take away my driver's license because of my drug charge?
You will retain your driver's license if we are successful in getting your case dismissed, obtaining a "not guilty" verdict, or getting you deferred adjudication. But, if you are convicted, you your driver's license will automatically be suspended for 180 days. If you do loose your drivers license, we will petition the court to obtain you a restrictive license, which will allow you to drive back and forth to work.