What to Do If You’re Accused of a Drug Crime
Immediate Steps to Protect Yourself in Texas
Whether you’re being questioned, pulled over, or have just been arrested—being accused of a drug crime in Texas is a serious matter. And what you do in the minutes, hours, and days that follow can make or break your case.
Texas drug laws are strict, and prosecutors often pursue these charges aggressively. But here’s the good news: you have rights, and you’re not alone. In this post, we’ll walk you through exactly what to do if you’re accused of a drug crime—from the moment the police make contact through your first court appearance.
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1. Do Not Admit to Anything
The #1 rule? Don’t talk. Don’t explain. Don’t justify.
The police might say something like:
- “Just tell us what happened and we’ll go easy on you.”
- “If these drugs aren’t yours, whose are they?”
- “Help us understand and we’ll let the judge know you cooperated.”
These are tactics to get you talking—and anything you say can (and will) be used against you.
Instead, politely but firmly say:
“I’m invoking my right to remain silent and I want to speak with an attorney.”
2. Don’t Consent to Searches
In Texas, the Fourth Amendment protects you from unreasonable searches and seizures. If the police ask to search your car, bag, or home—you have the right to say no (unless they have a warrant or clear probable cause).
What you should say:
“I do not consent to a search.”
Even if you feel pressured, say it clearly and calmly. If officers search anyway, your attorney may be able to challenge the evidence later.
3. Know the Difference Between Detained and Arrested
If you’re being detained, you are not free to leave—but you haven’t necessarily been arrested yet. Officers can detain you briefly if they have reasonable suspicion, but they need probable cause to make an arrest.
How to ask:
“Am I free to go?”
If they say no, it’s time to stop talking and wait for your lawyer.
4. Contact a Criminal Defense Attorney Immediately
Drug crimes carry serious consequences—including jail time, felony records, loss of employment, and even driver’s license suspension. The earlier you get a lawyer involved, the more options you have.
David Smith, a board-certified criminal defense attorney, has handled cases where a person was accused of everything from marijuana possession to first-degree felony drug trafficking. He knows how to fight unlawful searches, challenge evidence, and negotiate favorable outcomes.
Don’t wait until you’ve already spoken to the police or attended your first court date. Get help immediately.
5. Do Not Post About It Online
What you post on Facebook, Instagram, or even private messages can be subpoenaed and used as evidence.
If you’re accused of a drug crime in Texas:
- Don’t talk about the case.
- Don’t post photos.
- Don’t comment on other people’s posts.
Stay offline and let your attorney handle the communication.
6. Gather Evidence While It’s Still Fresh
If there are texts, phone logs, receipts, surveillance footage, or witnesses that support your version of events—tell your attorney right away. Evidence disappears quickly, and time is critical.
You can help your defense team by:
- Writing down everything you remember
- Saving relevant messages or call logs
- Getting names and contact info of potential witnesses
7. Understand What You’re Facing
In Texas, drug charges vary in severity depending on:
- The type and quantity of drug
- Whether you’re accused of possession, distribution, or manufacture
- Your criminal history
For example, less than 1 gram of cocaine = state jail felony
More than 4 grams = second-degree felony, which can mean decades behind bars.
Understanding your specific charge helps your attorney begin building a strategy from day one.
8. Be Honest With Your Lawyer
Your attorney isn’t there to judge you—they’re there to protect you. Every detail you share helps build a stronger defense, and everything you say to your attorney is confidential.
Even if something seems minor or embarrassing, tell your lawyer the full story. Surprises in the courtroom can sink your case.
9. Show Up and Follow Through
From arraignments to pretrial hearings, missing court can lead to a warrant for your arrest and make your situation worse.
- Make every court date a priority
- Dress respectfully
- Follow your attorney’s instructions closely
- Don’t speak to prosecutors or law enforcement without your lawyer present
10. Act Quickly—Time Is Not on Your Side
The earlier you retain a lawyer, the more tools they have to:
- Challenge the legality of the search
- Suppress unlawfully obtained evidence
- Negotiate dismissal or reduced charges
- Argue for diversion programs or probation
Waiting too long could mean giving up critical opportunities to strengthen your defense.
Conclusion
If you’re being investigated, accused, or have already been arrested for a drug crime in Texas—do not wait. The decisions you make right now will affect your freedom, your record, and your future.
