Possession of a Controlled Substance

Being accused of or charged with possession of a controlled substance in Texas can lead to serious consequences. In an instant, your whole world can be turned upside down, and you suddenly find yourself in the position of having to defend yourself against these allegations. Even though you are presumed innocent, you most likely are being treated as if you are already guilty by the criminal justice system. An arrest does not mean you will be convicted, and this is where I come in.

For more than 25 years, I have been working with drug charges and have been helping people put their lives back together. When I am hired, people are trusting me with their futures, and I take that responsibility seriously. I will do everything that I can to fight for you, your freedom, and your future. In this difficult time when you are not sure where to turn, contact me at 214-741-4000 for immediate help.

What is Possession in Texas?

Under the Texas Penal Code, there are several different statutes that refer to possession. These include:

According to the statutes, a person can be charged with possession if they intentionally or knowingly possess the substance. Here is a breakdown of which drugs fit in each category.

Penalty Group 1 drugs include:

  • Methamphetamine.
  • Cocaine.
  • PCP.
  • GHB.
  • Opiates.
  • Opium poppy.
  • Derivatives of opium such as morphine, codeine, and heroin.
  • Ketamine.
  • Flunitrazepam.
  • Phenylacetone.

Penalty Group 1-A consists of LSD. Penalty Group 2 drugs are:

  • 2-aminopropanol derived substances.
  • Hallucinogenic drugs 
  • Phenylacetone.
  • Stimulant or depressive drugs such as quaaludes.

Penalty Group 2-A drugs include synthetic compounds that mimic the natural effects of cannabinoids. Penalty Group 3 drugs are:

  • Peyote.
  • Anabolic steroids.
  • Compounds with limited narcotic content such as morphine and codeine.
  • Depressant compounds such as Xanax. 
  • Stimulant compounds such as Ritalin.
  • Nalorphine.

Penalty Group 4 drugs include:

  • Pyrovalerone containing compounds.
  • Compounds that have limited narcotic quantities but that also include medicinal ingredients that are non-narcotic in nature. 
  • Butorphanol or buprenorphine containing compounds. 

Establish a Strong Defense With the Help of My Team

In more than 25 years of practice, I have established many ways to defend my clients against criminal or drug charges that they face. First, I carefully review the situation with my client to make sure that all of the facts can be presented in court. The prosecution will only want to tell their side of the story, but with my help, you can establish the true facts of what happened in court. Next, I will review the situation in order to establish the strongest defense for the situation that you face. There are many factors that I will explore on your behalf, starting with:

  • Legality of the search.
  • Were you in possession?
  • Knowledge of the drug.
  • Fake vs. real drugs.
  • The weight of the drugs in question.

Searches

When police confiscate drugs as a result of a search, we must first determine if the search was legal. Did the police have a search warrant or did they obtain consent to search? With a search warrant, was it legally obtained? Was it executed within the prescribed time period? Did the police only search where and search for what was specifically described in the warrant? If consent was given, was it freely and voluntarily obtained? Did the person who consented have the actual authority to give consent? If the drugs were seized illegally, any evidence related to the search would be suppressed. 

Possession

Possession is defined as actual care, custody, control, or management. Possession does not mean you have to be the owner of the drugs as you could just be holding them for a friend. Additionally, just being in the mere presence of drugs or being around drugs does not mean you are in legal possession of the drugs.

Knowledge of the Drugs

In all drug cases, you have to know that the substance found was a drug and had to know it was there. Being in a friends home or car where drugs are found may put you in a bad spot, but the government still has to prove you knew of the drugs. Proving someone knew of the drugs is a case by case basis, and not only do you have to have knowledge, you also have to be in possession. You might know your friend has drugs in their bedroom, but that is not a crime since you would not be in possession.

The Drugs

In any drug case, we always have to make sure the drugs are in fact what the police claim they are. This will help determine what classification of drug it is and at times, proves the substance was not an illegal drug. People have been known to possess fake drugs, and that is not a crime.

The Weight of Drugs

In Texas, the penalties for possessing drugs are categorized by weight. The greater the weight, the more severe the potential consequences become. We always have to make sure how the drugs were weighed and what all was taken into consideration when the drugs were actually weighed.

These are some of the common defenses we always explore. We will sit down together to get the facts straight so I will know how to best defend you. Together, we will develop the most effective defense and I will ensure everything is done to protect you.

Possession Penalties

Penalties for different possession charges are severe, no matter which charge you face. They are as follows:

  • Possession of Less than One Gram of a Substance in Penalty Group 1: A prison sentence of 180 day to two years and a fine of as much as $10,000.
  • Possession of One Gram or More But Less Than Four Grams of a Substance in Penalty Group 1: A prison sentence of 2-10 years and a fine of as much as $10,000. 
  • Possession of Four or More Grams But Less Than 200 Grams of a Substance in Penalty Group 1: A 2-20 year prison sentence and a fine of as much as $10,000.
  • Possession of 200 or More Grams but Less Than 400 Grams of a Substance in Penalty Group 1: A prison sentence of 5-99 years and a fine of as much as $10,000.
  • Possession of 400 grams or more of a Substance in Penalty Group 1: A life sentence or a prison sentence of 10-99 years and a fine of up to $250,000.
  • Possession of Less than 20 Units of a Substance in Penalty Group 1-A: A prison sentence of 180 days to two years and a fine of up to $10,000.
  • Possession of At Least 20 But Less Than 80 Units of a Substance in Penalty Group 1-A: 2-10 year prison sentence and a fine of as much as $10,000.
  • Possession of At Least 80 But Less Than 4,000 Units of a Substance in Penalty Group 1-A: A prison sentence of 2-20 years and a fine of as much as $10,000.
  • Possession of At Least 4,000 But Less Than 8,000 Units of a Substance in Penalty Group 1-A: A prison sentence of 5-99 years and a fine of as much as $250,000.
  • Possession of 8,000 Units or More of a Substance in Penalty Group 2 or 2-A: A prison sentence of 15-99 years or life, and a fine of as much as $250,000.
  • Possession of Less than One Gram of a Substance in Penalty Group 2: A prison sentence of 180 day to two years and a fine of as much as $10,000.
  • Possession of One Gram or More But Less Than Four Grams of a Substance in Penalty Group 2: A prison sentence of 2-10 years and a fine of as much as $10,000. 
  • Possession of Four or More Grams But Less Than 400 Grams of a Substance in Penalty Group 2: A 2-20 year prison sentence and a fine of as much as $10,000.
  • Possession of 400 or More Grams of a Substance in Penalty Group 2: A prison sentence of 5-99 years or a life sentence and a fine of as much as $50,000.
  • Possession of Two Ounces or Less of a Substance in Penalty Group 2-A: A jail sentence of up to 180 days and a fine of up to $2,000.
  • Possession of More Than Two Ounces But Less Than Four Ounces of a Substance in Penalty Group 2-A: A jail sentence of up to a year and a fine of as much as $4,000.
  • Possession of More Than Four Ounces But Less Than Five Pounds of a Substance in Penalty Group 2-A: A prison sentence of 180 days to two years and a fine of as much as $10,000.
  • Possession of More Than Five Pounds But Less Than 50 Pounds of a Substance in Penalty Group 2-A: A prison sentence of 2-10 years and a fine of up to $10,000.
  • Possession of More Than 50 Pounds But Less Than 2,000 Pounds of a Substance in Penalty Group 2-A: A prison sentence of 2-20 years and a fine up to $10,000.
  • Possession of More than 5,000 Pounds of a Substance in Penalty Group 2-A: A 5-99 year prison sentence or a life sentence and a fine of up to $50,000.
  • Possession of Less Than 28 Grams of a Substance in Penalty Group 3: A jail sentence of up to a year and fine of as much as $4,000.
  • Possession of More Than 28 Grams But Less Than 200 Grams of a Substance in Penalty Group 3: A 2-10 year prison sentence and a fine of as much as $10,000.
  • Possession of More Than 200 Grams But Less Than 400 Grams of a Substance in Penalty Group 3: A prison sentence of 2-20 years and a fine of as much as $10,000.
  • Possession of 400 Grams or More of a Substance in Penalty Group 3: A prison sentence of 5-99 years, or a life prison term, and a fine of as much as $50,000.
  • Possession of Less Than 28 Grams of a Substance in Penalty Group 4: A jail sentence of up to 180 days and fine of as much as $2,000.
  • Possession of More Than 28 Grams But Less Than 200 Grams of a Substance in Penalty Group 4: A 2-10 year prison sentence and a fine of as much as $10,000.
  • Possession of More Than 200 Grams But Less Than 400 Grams of a Substance in Penalty Group 4: A prison sentence of 2-20 years and a fine of as much as $10,000.
  • Possession of 400 Grams or More of a Substance in Penalty Group 4: A prison sentence of 5-99 years, or a life prison term, and a fine of as much as $50,000.

I Have The Help That You Need – Contact Me Now

Being arrested on a drug possession charge can be overwhelming but the arrest itself does not mean you will be convicted. You need a professional on your side, one that knows how to successfully defend people who are changed with possession of a controlled substance. I will stand by your side and make sure you are not taken advantage of and do not do anything that could jeopardize your defense. Contact me at 214-741-4000 for immediate help.

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