I-35 profiling in Texas is becoming more commonplace. The legalization and decriminalization of weed in Washington, California, and Colorado have brought an increase of controlled substances right into the state of Texas, for this reason, prompting law enforcement officials to begin unlawfully profiling on I-35. This is particularly true in the case of Colorado, where police force has been obviously aiming at car or trucks with Colorado license plates. Police must have proper cause to pull you over, otherwise known as ‘reasonable articulable suspicion’ that you have violated the law, instead pulling someone over solely because he or she “looks like they might be smoking pot,” or “has a Colorado license plate.”
I-35 Profiling in Texas Penalties
I-35 profiling in Texas happens commonly. As opposed to other states, Texas still has some fairly serious penalties for the possession, trafficking, sale, and delivery of marijuana, which can produce strict prison sentences and fines in a state or federal court. Many elements come in when establishing the penalty for a marijuana or drug crime, featuring: what kinds of drugs did the accused have on his/her person at the moment of arrest (what “Schedule” the drug falls under); what the quantity of the drug was; if this was the accused’s first conviction; whether children were involved; etc. If sentenced, one must deal with an irreversible criminal record, the inability to sign up for government assistance(e.g., welfare or food stamps) or to get student financial aid. Not to mention the great hassle you may experience when getting employment later on, among a vast array of other things.
I-35 Profiling in Texas Defense
I-35 profiling in Texas is not essentially easy to establish. Making a defense for profiling alone may be the unfitting approach if drugs were located on your person. What is more pressing is the likelihood of being convicted of possession, transportation, distribution, or a compound sentence like possession with an intent to deliver due to profiling on I-35.
If you are captured trafficking, then a lawyer could prove an absence of intent on your part, showing you did not have the “guilty mind,” or criminal intent, needed to carry out the offense. Lack of intent can result in a dismissal of the charges. One angle, highly significant to interstate drug crime, is a Fourth Amendment violation, or the claim that police either operated the search for marijuana without a warrant or probable cause, which would suppress evidence. Fifth Amendment rights may have also been exploited by officers encroaching the defendant’s right to remain silent. But really, it depends upon how the court will charge you and what penalties you will deal with before your attorney can choose a winning tactic.
I-35 Profiling in Texas Defense Attorney
Are you or a family member coping with a conviction for drug crime because of I-35 profiling in Texas? Such criminal offenses are not taken casually by the state or federal investigators and prosecutors, and must not be ignored by you either.