Drug possession is known as a severe criminal charge in Texas carrying a wide range of punitive measures from probation to lengthy prison sentences, depending on the quantity of the drug. A conviction on drug possession criminal charges may have significant implications for you because of the possibility that you could have to go to prison and pay stiff fines reaching into the thousands of dollars, as well as the probability the police could possibly seize your car or other assets.
Drug possession charges will follow you with a criminal record which can also keep you from certain jobs and professional licenses. In the event you are charged under the possession law, it means the state has accused you of carrying or having access to a controlled substance including marijuana, crack,, or Ecstasy. y.
A drug possession conviction may bring about a six month driver's license suspension under Texas statutes, so it is sensible to speak with an criminal defense lawyer for more information regarding alternatives to pleading guilty in the event you require the ability to drive. Police officers definitely will charge you with drug possession should they find drugs inside your pockets or anywhere else on your body, or they will be able to charge you under a claim of "constructive possession". This means the drugs had been 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 Respected Houston Attorney!
Whether you are defending felony drug possession charges or your minor child is experiencing misdemeanor drug criminal charges for possessing a small quantity of marijuana, it is advisable to have an experienced lawyer advocating for your liberties. Contact a Houston, Texas law firm to schedule a complimentary initial consultation with a professional, aggressive Drug Possession Defense attorney.
Aggressive Drug Possession Defense
The Most Effective Houston Drug Crimes Attorney will have a great deal of expertise providing vigorous defense for adults and juveniles contending with defense charges for possession of unlawful substances, such as:
Marijuana
Crack cocaine
Heroin
Methamphetamines (meth)
Other unlawful drugs
A drug possession conviction can bring about criminal penalties, most notably fines and time in jail, and other penalties, such as license suspension, damage to reputation and loss of ability to acquire student loan financing. The Best Houston Attorney will strive to minimize or altogether avoid such drastic penalties by providing zealous defense counsel.
The penalties for a drug conviction may 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 based upon the amount of drugs confiscated. For example, possession of five ounces of marijuana would result in state felony criminal charges with a sentence potential of up to $10,000 and two years in prison.
Drug Possesion Sentencing
Judges will usually attempt to figure out if the drugs were for personal use or drug possession for sale and distribution when sentencing. Quite often the fines are quite considerable and often the sentence will include at least random drug testing and probation if not some incarceration. Drug awareness classes and community service hours are quite often the initial option for a good number of judges, once it has been confirmed that the drugs had been for personal use.
A skilled lawyer will be able to help prove this, or even demonstrate that the drugs were definitely not yours in situations where they had been recovered from an automobile or home.
Protect Your Legal Rights Under the Law
You have a right to remain silent and the right to an attorney - USE THEM. The Most Respected Houston Attorney investigates the methods in which the evidence was acquired in order to discover violations of your constitutional rights.
Elicited confessions and the confiscated drugs are often the sole evidence creating a case against you. This definitely will provide leverage in plea negotiations and even lead to dismissal of drug charges. Any type of evidence that's obtained in violation of your rights is inadmissible in the courtroom - meaning the evidence may not be utilized in a case against you. In cases where a confession was obtained unlawfully or unlawful drugs had been confiscated with an invalid search warrant (illegal search and seizure), your attorney should fight to suppress the evidence. As an experienced drug possession lawyer, Charles Johnson discovers how to mitigate damaging 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 individuals charged with crimes concerning the use or possession of drugs, including marijuana. And, judges must give probation, or community supervision, in some drug possession court cases.
The punishment mainly is determined by the quantity of drugs involved and your past conviction history, but it--s very possible you may not have to serve time for a drug possession conviction if it--s your very first criminal offense for a somewhat small amount.
The state health code also requires any county with a populace greater 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 individuals found guilty of possessing:
Less than 1 gram of drugs such as crack or meth.
Less than 5 units of drugs such as LSD.
Less than 1 gram of drugs that include Ecstasy (MMDA) or PCP.
Less than one pound of marijuana.
Nonetheless, the judge doesn't have to sentence you to probation should you have been found guilty of a prior felony, or if you have violated an earlier probation sentence. In those cases, it is up to the judge whether you go to prison 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 should show that police found the drugs on you or in your control after a legal search. The judge also can sentence you to serve three to six months in jail before beginning probation. But remember, the state needs to first prove the criminal charge of drug possession before you may be sentenced. Make sure you contact your lawyer for a no cost consultation on your Texas drug possession charge, and your lawyer will walk you through the details of your case, and your right legal defense choices. As you can see, drug possession cases get complicated quickly.
Hire The Finest Houston Drug Possession Defense Attorney:
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If you are confronting misdemeanor or felony drug possession criminal charges following a drug arrest in Texas, protect your liberties and future. Get in touch with the Best Houston drug crime defense attorney to schedule a complimentary preliminary consultation. Oftentimes the first charge on Drug Possession charges can be dropped down to a disorderly conduct, resulting in less substantial penalties that generally do not include incarceration. In addition, the Most Effective Houston Drug Crimes Attorney may perhaps even be able to have the criminal charges dropped in situation where you were merely within the vicinity where the drugs had been located.
A professional criminal defense attorney can certainly negotiate these kinds of arrangements to stop you from having a drug related charge on your record.
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