Houston Drug
Defense Attorney Nancy Botts since 1988
Harris County Lawyer Nancy Botts has 35 years of experience defending people accused of possession and delivery of controlled substances, including the most popular narcotics—marijuana, cocaine, methamphetamine, heroin, MDMA (ecstasy), LSD and psilocybin (magic mushrooms).
As Botts would
tell you, defending a drug defense case involves a complex legal process. The
specific strategies depend on the specific details of your case, including the
type of drug involved, the circumstances of your arrest, and the evidence
collected. For you to better understand the defense process, here are some usual
steps and considerations:
1.
Consultation with the Client: Botts will consult with you to understand your
version of events, consider any potential constitutional violations, and gather
all relevant information.
2. Review
Evidence: Botts will examine all evidence, including search warrants, witness
statements, lab reports, and police reports, to identify any potential
weaknesses in the DA’s case.
3. Analyze
Legal Issues: Botts will check for any violations of your rights, such as
illegal search and seizure or violations of Miranda rights.
4. Expert
Witnesses: Botts may consider hiring expert witnesses, such as forensic
toxicologists or chemists, to challenge the DA's evidence and interpretations
of the drug's nature and effects.
5. Chain of
Custody: Botts will evaluate the chain of custody of the evidence to ensure it
wasn't tampered with or mishandled.
6.
Suppression Motions: Botts will File motions to suppress evidence if there were
constitutional violations or procedural errors by law enforcement.
7. Plea
Bargaining: Depending on her analysis of the strengths or weaknesses of the DA’s
case, Botts may or may not negotiate with the DA for a dismissal, or a reduced
charge or sentence, if appropriate. If you are willing to participate in drug
treatment, Botts also may be able to negotiate a dismissal if you are willing
to participate in and complete drug treatment through the Drug Court.
8. Trial
Strategy: Botts will develop a solid defense strategy, which could involve
challenging the credibility of witnesses, contesting the accuracy of lab tests,
or presenting an alternative explanation for the presence of the drug.
As you
probably know, these are the most popular illegal drugs and their effects:
1. Marijuana (THC): Affects mood,
sensory perception, and memory.
2. Cocaine: Stimulant, leads to increased
energy, alertness, and euphoria.
3. Methamphetamine: Intense stimulant,
increases energy, focus, and pleasure.
4. Heroin: Depressant, induces euphoria,
pain relief, and relaxation.
5. MDMA (Ecstasy): Stimulant and
hallucinogen, promotes empathy, emotional openness, and sensory distortions.
6. LSD: Hallucinogen, causes intense
visual and sensory hallucinations.
7. Psilocybin (Magic Mushrooms):
Hallucinogen, produces altered perception, hallucinations, and spiritual
experiences.
The most
addictive drugs of these popular drugs are heroin and methamphetamine due to
their intense euphoric effects and impact on the brain's reward system.
The success
rate of drug rehab and treatment varies widely depending on factors such as the
drug, the severity of addiction, the quality of treatment, and individual
factors. Success rates can range from around 20% to 80%, with some drugs being
more difficult to treat than others.
As of 2021, millions
of people in the U.S. struggle with substance abuse problems involving illegal
drugs. Exact statistics can change over time, but it is a significant public
health concern.
Severe and unhealed trauma frequently leads people to drugs and alcohol to cope. Over time, it takes increasing amounts of the substance to try to reach the same level of high or intoxication. Whatever the reason a person first uses drugs, chasing the dragon inevitably leads to suffering and an unmanageable life. However, successful drug treatment and healing from trauma may give you a new lease of life. Your trauma is not your fault, but your healing is your responsibility. For a clear understanding of how trauma affects the brain, mind, and body along with the healing of trauma, read The Body Keeps the Score by Dr. Bessel Van Der Kolk.