If you have been charged with possession of drugs in Texas, contacting an experienced lawyer who specializes in criminal defense should be the first thing you do.
Possession of a Controlled Substance Lawyer in Texas
When it comes to drug charges, the justice system in the state of Texas is strict. Being convicted of a possession of a controlled substance charge can be a life-altering event. Without a skilled drug possession attorney who has the knowledge and experience to properly handle defending drug crimes, you will be at a disadvantage trying to defend drug charges yourself in Texas. A defense attorney with an extensive background in criminal law and experience with drug possession charges will know which legal defenses for possession might be applicable in your case. Some common legal defenses for drug possession charges include:
- Duress: Someone is under duress when they have been forced to commit a crime while being coerced or forced. To avoid a conviction, you need to prove that the only reason you possessed the drugs is because you were coerced or forced to.
- Entrapment: Entrapment occurs when a police officer, undercover agent, or other law enforcement official has convinced or induced you to commit a crime that you would not have committed otherwise.
- Illegal Search and Seizure: The Fourth Amendment of the United States Constitution protects individuals from unreasonable searches and seizures by the government. If law enforcement failed to establish probable cause before searching you, your home, or your vehicle, your criminal defense attorney can argue that any evidence that was obtained through the search and seizure should be inadmissible in court and suppressed.
- Lack of Knowledge of Possession: To be convicted of a possession charge, you must knowingly possess a controlled substance. You might have a defense if you were unaware that something in your possession was a controlled substance or were not aware that drugs were in your possession.
- Not Intended for Human Consumption: While a drug may be classified as a controlled substance for human use, exemptions may exist when the same drugs are intended for use with animals. You must have some form of authorization for this to be a valid defense.
- Valid Prescription: If you have a valid prescription for the drug in question, you might be able to avoid a conviction for drug possession.
Elements of Possession of a Controlled Substance
Texas law considers possession of a controlled substance to be the “actual care, custody, control or management” of a substance that the law controls. To prove to a jury that you are guilty of drug possession, a prosecutor must show:
- The accused individual exercised management, care, custody, or control over the controlled substance; and
- The accused individual knew the substance they possessed was illegal.
At trial, a prosecutor will try to prove the State’s case using direct evidence of possession or circumstantial evidence. If the State cannot prove you had exclusive possession of the substance at the place where it was found when you were arrested, the State must then use a set of independent factors linking you to the drugs to prove you had control or custody of the controlled substance. These factors include:
- The presence of the accused individual when a search is conducted.
- The accused individual’s nearness and accessibility to the narcotic.
- If the accused individual made any incriminating statements at the time of their arrest.
- If the accused individual made any surreptitious gestures.
- If the accused individual was under the influence of narcotics at the time of their arrest.
- If the accused individual had any other contraband or narcotics in their possession at the time of their arrest.
- If the accused individual was found with a significant amount of cash.
- If there was an odor of narcotics or contraband.
- Whether the contraband was in plain sight.
- Whether the accused individual tried to flee.
- Whether the accused individual’s conduct was indicative of a consciousness of guilt.
- Whether drug paraphernalia or other contraband was present.
- Whether the drugs were found in an enclosed place.
- Whether the accused individual either owned or had the right to possess the place where the drugs were found.
The prosecutor will use any and all applicable factors to show a connection between you and the controlled substance. By proving you possessed a controlled substance either alone or jointly with others, the State can obtain a conviction of drug possession.
Texas Drug Schedule Classification
The state of Texas divides drugs into four separate Penalty Groups, similar to the federal drug classification system, for controlled substances and treats marijuana (or marihuana, per Texas state statute spelling) differently than all other controlled substances. Penalty Group 1 includes drugs that are the most addicting and have few, if any, legitimate medical uses and carries the stiffest penalties. Penalty Group 4 includes mixtures of compounds used to create prescription drugs or narcotics and has the most lenient sentencing ranges.
- Penalty Group 1: cocaine, heroin, oxycodone, methamphetamine, methadone, opium, ketamine, and over 300 milligrams of hydrocodone.
- Penalty Group 2: psychedelic mushrooms, psilocybin, mescaline, methaqualone, ecstasy, and amphetamine.
- Penalty Group 3: Ritalin, Xanax, Valium, clonazepam, and under 300 milligrams of hydrocodone.
- Penalty Group 4: mixtures or compounds containing small amounts of active medical ingredients or narcotics.
The Penalty Group of the drug you have been charged with possessing and the amount of that drug dictates how severe your sentence might be if convicted.
Drug Possession Crimes & Penalties for Conviction in Texas
Drug conviction penalties in Texas are some of the toughest in the United States. Depending on the situation, drug possession can be charged as either a misdemeanor or a felony, and the penalties may include jail time and fines up to $250,000 depending on which Penalty Group the drugs you were convicted of possessing fall in. The penalties for conviction of drug possession vary depending on:
- the type of drug
- the quantity of the drug
- how the drug is stored
- any past convictions
If you are convicted of drug possession, you could face a range of penalties depending on the amount of the drug you possessed and the Penalty Group the drug is in. The Texas Controlled Substances Act created four Penalty Groups, similar to the federal drug classification system, for controlled substances and recognizes marijuana (or marihuana, per Texas state statute spelling) as a separate matter.
- Penalty Group 1
- minimum sentence: State Jail Felony with 180 days to 2 years in a state jail and a fine up to $10,000.
- maximum sentence: Enhanced Felony 1 with 10 years to 99 years in a state jail and a fine up to $100,000.
- Penalty Group 2
- minimum sentence: State Jail Felony with 180 days to 2 years in a state jail and a fine up to $10,000.
- maximum sentence: 1st Degree Felony with 5 years to 99 years in state prison and a fine up to $50,000.
- Penalty Group 3
- minimum sentence: Class A Misdemeanor with up to 1 year in a county jail and a fine up to $4,000.
- maximum sentence: 1st Degree Felony with 5 years to 99 years in state prison and a fine up to $50,000.
- Penalty Group 4
- minimum sentence: Class B Misdemeanor with up to 180 days in a county jail and a fine up to $2,000.
- maximum sentence: 1st Degree Felony with 5 years to 99 years in state prison and a fine up to $50,000.
- Marijuana (marihuana)
- minimum sentence: Class B Misdemeanor with not more than 180 days in a county jail and/or a fine not to exceed $2,000.
- maximum sentence: 1st Degree Felony with 5 years to 99 years in state prison and a fine not to exceed $10,000.
Any aggravating factors, like taking drugs to a drug-free zone, and prior criminal history will also be taken into consideration at the time of sentencing.
What are the Consequences of Drug Possession?
Drug possession laws in Texas are some of the strictest in the US, and even possessing a small amount of a controlled substance can lead to a conviction on your criminal record, steep fines, and jail time. However, the consequences of drug possession aren’t limited to imprisonment and fines. A conviction of drug possession will result in a mandatory suspension of your driver’s license for 180 days (6 months). You will be required to pay a $100 reinstatement fee, in addition to any other outstanding fees you might owe and obtain a Financial Responsibility Insurance Certificate (SR-22) from an authorized insurance company that you must maintain for 2 years from the date of your conviction. You will also be required to complete a 15-hour class in an authorized Drug Education Program. Having a drug possession conviction on your record will affect your ability to find gainful employment or get housing. If you are facing drug possession charges in Texas, it is crucial you talk with an experienced criminal defense lawyer about your case.
Drug Possession: How a Lawyer Can Help
If you are fighting a drug crimes case, retaining legal counsel skilled in criminal law and defending drug possession charges is critical. If you don’t have an in-depth knowledge of Texas criminal law, you will be at a serious disadvantage if you try to defend yourself against an experienced and skilled prosecutor. A defense attorney will have knowledge of case precedent and statutes, and these laws outline what is needed to potentially avoid a drug conviction. Your lawyer will review your case, determine an appropriate defense strategy, and explain your options to you so you can make informed decisions about your case. If your case goes to trial, you will need an experienced drug possession lawyer who has considerable trial advocacy and criminal litigation skills. Your lawyer will also have access to resources like private investigators, forensic professionals, and other specialists who will dedicate time and effort to assist in your defense.
Finding a Lawyer in Your Area Who Specializes in Drug Possession.
Retaining legal help as soon as possible is important since you will need representation throughout the entire criminal process. You have rights during pre-arrest and post-arrest interrogations by police, and a lawyer who specializes in drug possession will ensure your rights are upheld. An attorney in your area who specializes in drug possession charges will know the particulars of the courts in your area and how to defend you, and they will represent you at each stage of the process from your first hearing to your arraignment to bond proceedings.
Strong Defense for Drug Crimes
Our firm focuses on helping people get through trying times by providing individual attention and an honest opinion regarding the course of action their clients should follow. A drug defense lawyer will be able to offer legal advice and legal representation to greatly increase your odds of the best possible outcome, Attorneys will explore every legal avenue possible to defend your rights and protect your freedom. We will advocate for you throughout the process and ensure your rights are upheld in court.
