Drug possession is known as a serious criminal charge in Texas carrying a wide range of punishments from probation to lengthy jail sentences, depending on the amount of the drug. A conviction on drug possession charges may have significant implications for you mainly because of the possibility that you might have to go to jail and pay stiff fines reaching into the thousands of dollars, as well as the possibility police officers could possibly seize your car or other assets.
Drug possession criminal charges will follow you with a criminal record which may also keep you from certain jobs and professional licenses. In the event you are charged under the possession law, this means the state has charged you with carrying or having access to a controlled substance most notably marijuana, crack, or Ecstasy.
A drug possession conviction could possibly lead to a six month driver's license suspension under Texas statutes, therefore it is sensible to contact an lawyer for more information regarding alternatives to pleading guilty if you require the ability to drive. Law enforcement may charge you with drug possession if they find drugs inside your pockets or anywhere else on your body, or they may charge you under a claim of "constructive possession". This means the drugs were in a location that you normally control or could very easily reach, that could be your car, your apartment, or the cushions of a couch where you had been sitting when the police entered.
Hire the Most Effective Houston Drug Crimes Lawyer!
Whether you are going through felony drug possession charges or your adolescent child is experiencing misdemeanor drug charges for possessing a small quantity of marijuana, it is advisable to have a highly skilled lawyer advocating for your legal rights. Get in touch with a Houston, Texas law firm to schedule a free initial consultation with a skilled, aggressive Drug Possession Defense attorney.
Aggressive Drug Possession Defense
The Leading Houston Criminal Lawyer will have many years of expertise providing vigorous defense for adults and juveniles fighting criminal defense charges for possession of illegal substances, such as:
MarijuanaHeroinMethamphetamines (meth)Crack cocaineOther illegal drugs A drug possession conviction may lead to criminal penalties, including fines and incarceration, and other penalties, such as license suspension, damage to reputation and loss of ability to obtain student loan financing. The Most Dedicated Houston Attorney will make every effort to minimize or altogether avoid such drastic consequences through providing zealous defense counsel.
The penalties for a drug conviction can certainly range from fines of $2,000 and 180 days in jail to fines of $50,000 and an entire lifetime in jail. The level of misdemeanor or felony charge is dependent upon the quantity of drugs confiscated. For example, possession of five ounces of marijuana would lead to state felony criminal charges with a sentence potential of up to $10,000 and two years in prison.
Drug Possesion Sentencing
Judges will commonly attempt to ascertain if the drugs were for personal use or drug possession for sale and distribution when sentencing. Quite often the fines are very significant and quite often the sentence will include at least random drug testing and probation if not some time in jail. Drug awareness classes and community service hours are often the initial option for most judges, once it has been verified that the drugs had been for personal use.
A skilled criminal defense attorney will certainly help prove this, or simply demonstrate that the drugs were absolutely not yours in situations where they were recovered from a vehicle or residence.
Protect Your Rights
You have a right to remain silent and the right to an attorney - use them. The Most Effective Houston Criminal Attorney investigates the methods in which the evidence was obtained in order to uncover violations of your constitutional rights.
Elicited confessions and the seized drugs are often the only evidence creating a case against you. This can certainly provide leverage in plea negotiations and even result in dismissal of drug criminal charges. Any evidence that is obtained in violation of your legal rights is inadmissible in court - which means the evidence can't be employed in a case against you. In cases where a confession was acquired unlawfully or unlawful drugs were confiscated with an invalid search warrant (illegal search and seizure), your attorney should fight to suppress the evidence. As an expert drug possession lawyer, Charles Johnson is able to mitigate detrimental evidence.
Will I have to go to Jail on my Drug Possession Criminal Charge?
State possession law permits counties to set up diversion programs for those charged with crimes concerning the use or possession of drugs, including marijuana. And, judges are required to give probation, or community supervision, in certain drug possession cases.
The punishment mainly is determined by the amount of drugs involved and your previous conviction history, but it’s very conceivable you may possibly not have to serve time for a drug possession conviction if it is your first criminal offense for a relatively small amount.
The state health code also requires any county with a population of more than 200,000 to establish a drug court program to send some drug offenders to treatment instead of jail./p>
The Texas Code of Criminal Procedure makes community supervision and mandatory drug treatment programs a sentencing requirement for people convicted of possessing:
Less than one pound of marijuana.Less than 5 units of drugs such as LSD.Less than 1 gram of drugs such as crack or meth.Less than 1 gram of drugs including Ecstasy (MMDA) or PCP. Even so, the judge doesn't have to sentence you to probation if you have been found guilty of a previous felony, or if you have violated an earlier probation sentence. In those court cases, it is up to the judge whether you go to jail or get probation.
If your attorney can show the officers didn't have probable cause, your consent, or a search warrant, your attorney may perhaps be able to challenge the legality of the search that turned up those drugs and get the evidence suppressed, keeping the state from making its case against you.
To do that, the prosecutor has to show that law enforcement officials found the drugs on you or in your control after a legal search. The judge may also sentence you to serve three to six months in jail prior to starting probation. Bear in mind, the state must first prove the criminal charge of drug possession before you may be sentenced. Be sure to contact your lawyer for a no charge consultation on your Texas drug possession arrest, and your lawyer will walk you through the specifics of your case, and your most desirable legal defense choices. As you can certainly see, drug possession cases get challenging quickly.
If you are fighting misdemeanor or felony drug possession criminal charges following a drug charge in Texas, defend your privileges and future. Get in touch with the Best Houston drug crime defense lawyer to schedule a no cost initial consultation. Oftentimes the first charge on Drug Possession charges may be dropped down to a disorderly conduct, resulting in less substantial penalties that generally don't include time in jail. Moreover, the Most Effective Houston Criminal Defense Attorney could possibly even be able to have the charges dropped in situation where you had been simply in the vicinity where the drugs had been located.
A professional criminal defense attorney can negotiate these kinds of arrangements in order to avoid you from having a drug related charge on your record.