Even though some states are evaluating their drug penalties and determining whether to decriminalize certain offenses, Texas maintains its strict laws regulating drug possession and distribution. Facing a drug charge in Pearland or Brazoria County can be overwhelming and frightening, as you are suddenly faced with an uncertain future. It’s natural to wonder if you will have to spend time behind bars, pay costly fines, or face other harsh consequences for the alleged offense. Before you picture the worst-case scenario, contact a trusted and experienced criminal defense attorney as soon as possible to discuss your case. Your attorney will work with you to understand the details of your arrest, looking for any potential violations of your rights that could lead to the dismissal of your case. Even if the charges move forward, you can trust that your lawyer will fight aggressively on your behalf and seek the best possible outcome. Let’s take a look at the different types of drug charges you may face in Texas and what defensive strategies your attorney can use to have the charges reduced or dismissed.
Drug Possession Offenses in Texas
Drug possession penalties depend on the kind of controlled substance and quantity involved in the alleged offense. The more addictive a substance is considered, the harsher the criminal charges and penalties tend to be. For instance, a possession offense involving a large quantity of a Penalty Group 1 substance (i.e., heroin or cocaine) carries more severe penalties than an offense involving a small amount of a Penalty Group 4 substance (i.e., a controlled prescription medication with the potential for abuse). It’s also helpful to understand the legal definition of “possession.” Under Title 6, Section 481.002 of the Texas Health and Safety Code, possession means more than ownership, it means “care, custody, control, or management” of an item or substance.
Potential Penalties for Texas Drug Possession Convictions
Texas law acknowledges five “schedules of controlled substances and four “penalty groups” that designate the criminal penalties for drug possession convictions. For instance, you could face a state jail felony charge for possessing less than one gram of a Penalty Group 1 substance, punishable by a six-month to a two-year state jail sentence and a fine of up to $10,000. In contrast, possessing less than 28 grams of a Penalty Group 4 substance carries a lighter penalty (up to six months in county jail and a fine of up to $2,000). Unfortunately, prosecutors will work hard to bring the maximum charge, meaning they may attempt to use circumstantial evidence (like the presence of plastic baggies at the scene of your arrest) to charge you with possession with the intent to sell or distribute. These charges often mean heftier penalties, so contact an experienced criminal defense attorney immediately to discuss your legal options.
Texas Still Takes Marijuana Offenses Seriously
While several states are taking steps toward legalizing marijuana for medical and recreational use, Texas still prosecutes possession offenses involving marijuana. If an officer finds even a small amount of marijuana in your possession, you may face criminal charges. For example, possessing under two ounces of marijuana may lead to a Class B misdemeanor charge, punishable by possible jail time, fines, suspension of your driver’s license, and additional restrictions on your freedom and future.
How to Fight Back Against Drug Possession Charges in Texas
As soon as law enforcement arrests you on suspicion of a drug possession charge, they should read you your Miranda rights. This list informs you of your Constitutional rights, including the right to remain silent and contact a defense attorney. Additionally, the Constitution expressly prohibits the unlawful search and seizure of an individual citizen’s home or vehicle. If an officer enters your home without first obtaining a search warrant, your rights may have been violated.
Aggressive Legal Advocacy When You Need it Most
In addition to looking for potential violations of your rights during the time of your arrest, your attorney will examine the details of your case to identify other effective defensive strategies. Perhaps the controlled substance belonged to your roommate, and you had no idea it was in your home, or law enforcement mistook you for the actual suspect. Whatever the specifics of your case may be, you can trust that your seasoned criminal defense attorney will work tirelessly to secure you the most favorable outcome possible. Now is not the time to leave your future up to chance—contact a skilled criminal defense lawyer today.
If you are facing drug charges in Pearland or Brazoria County, call the Law Offices of Keith G. Allen, PLLC, today at (832) 230-0075 to arrange a free consultation with a skilled criminal defense lawyer.
