What Are the Consequences of a Drug Possession Charge in Texas?
If you’ve found yourself facing a drug possession charge in Texas, you’re likely feeling overwhelmed and uncertain about what lies ahead. I’m here to help you understand the consequences you may face and what you can expect.
As an experienced criminal defense attorney in Dallas, Texas, I’ve handled numerous cases involving drug possession, and I’ve seen firsthand how serious these charges can be.
The consequences of a drug possession charge in Texas can vary based on several factors, including the type and amount of the drug involved, your criminal history, and other circumstances surrounding the arrest. Whether you’re facing a misdemeanor or a felony charge, understanding what could happen next is crucial.
As you go through the legal process, having a dedicated defense attorney can make all the difference in how your case is handled.
Types of Drug Possession Charges
Before describing the specific consequences of a drug possession charge, it’s important to understand the different types of charges you may be facing. Texas classifies drug possession into several categories, depending on the substance involved. Drug possession charges can be classified as either a misdemeanor or a felony, each carrying its own set of penalties.
Misdemeanor drug possession: If you’re caught with a small amount of a controlled substance, you may be facing a misdemeanor charge. Possession of small amounts of marijuana (less than 2 ounces), for example, is classified as a misdemeanor offense in Texas. Other drugs, such as cocaine, heroin, or methamphetamine, may also be charged as a misdemeanor if the amount is small enough.
Felony drug possession: When the amount of the drug in question is larger or if the drug is classified as a higher-level controlled substance, you may face felony charges. Possessing larger amounts of marijuana, or possession of drugs like methamphetamine or cocaine in substantial quantities, will likely result in felony charges. The penalties for felony drug possession are more severe and can result in lengthy prison sentences and heavy fines.
Possession of drug paraphernalia: In addition to the illegal drugs themselves, you may also face charges for possessing drug paraphernalia, such as pipes, needles, or bongs, which are often associated with drug use or distribution. While the penalties for possessing drug paraphernalia are typically less severe than for drug possession, you should still take these charges seriously.
Penalties for Drug Possession in Texas
The penalties for drug possession can vary greatly depending on the classification of the offense, the drug involved, and whether there are any aggravating or mitigating factors in your case. If you’re facing a drug possession charge, it’s important to be aware of the potential consequences.
Misdemeanor possession penalties: Misdemeanor drug possession charges in Texas can result in various penalties, depending on the amount of the drug involved and your criminal history. In general, the penalties may include:
Jail time: You may face up to one year in county jail, depending on the charge.
Fines: Misdemeanor drug possession charges can result in fines of up to $4,000.
Probation: In some cases, you may be eligible for probation instead of jail time, depending on the specifics of your case.
Drug counseling or rehabilitation: You may also be required to attend drug treatment programs as part of your sentence.
Felony possession penalties: Felony drug possession charges are much more serious and carry much steeper penalties. These penalties may include:
Prison time: Felony convictions can result in sentences ranging from 2 to 99 years in prison, depending on the severity of the offense.
Fines: You could face fines of up to $50,000 or more, depending on the specific circumstances of your case.
Probation: In some cases, it may be possible to receive probation, but it’s not as likely as in misdemeanor cases.
Drug counseling or rehabilitation: If convicted, the court may mandate that you attend counseling or rehabilitation programs, especially if the possession charge is linked to a substance abuse issue.
Aggravating Factors That Can Increase Penalties
There are several factors that can increase the penalties you may face if convicted of drug possession. These aggravating factors can make your case much more complicated and lead to harsher consequences. Some of these factors include:
Prior criminal history: If you have a criminal record, especially for drug-related offenses, this can lead to more severe penalties. A history of convictions or arrests can make it more difficult to negotiate a favorable plea deal or reduce your sentence.
Possession near a school or public area: In Texas, drug possession charges can carry enhanced penalties if you’re found with drugs near a school, daycare, or other public area. For example, if you’re caught possessing drugs within 1,000 feet of a school, you could face additional charges and harsher penalties.
Possession with intent to distribute: If law enforcement believes that you intended to sell or distribute the drugs, this can elevate the charges from simple possession to possession with intent to distribute. This can result in much more severe penalties, even if you did not actually distribute the drugs.
Drug trafficking: If you’re involved in drug trafficking or have large quantities of drugs on you, this can lead to federal charges and even higher penalties. Drug trafficking is a serious criminal offense that can result in lengthy prison sentences.
Defending a Drug Possession Charge
If you’ve been charged with drug possession, it’s important to mount a strong defense. A qualified criminal defense lawyer can help you traverse the legal process and work to reduce or dismiss the charges against you. Here are some common defenses that may apply to your case:
Illegal search and seizure: One of the most common defenses in drug possession cases is that the drugs were obtained through an illegal search and seizure. If law enforcement officers violated your rights by conducting an unlawful search, it’s possible that the drugs discovered in your possession may not be admissible in court.
Lack of knowledge or intent: Another possible defense is that you did not know the drugs were in your possession. For example, if someone else left drugs in your car or home without your knowledge, you may be able to argue that you weren’t aware of the drugs or did not intend to possess them.
Improper identification of the substance: In some cases, the prosecution may not be able to prove that the substance in question is, in fact, a controlled substance. If the prosecution fails to prove this, the case could be dismissed.
Medical marijuana defense: If you possess marijuana and have a valid prescription for medical marijuana, you may be able to avoid charges entirely. However, it’s important to note that medical marijuana laws in Texas are still evolving, so working with an attorney is crucial in these situations.
What to Do After Being Charged with Drug Possession
If you’ve been charged with drug possession in Texas, there are a few steps you should take immediately to protect your rights:
Contact an experienced criminal defense attorney: The first thing you should do is reach out to a criminal defense lawyer with experience in drug possession cases. A lawyer will help you understand your rights, guide you through the legal process, and work to minimize the potential consequences you may face.
Avoid discussing your case with others: Be careful not to discuss your case with anyone other than your lawyer. Anything you say could potentially be used against you in court, so it’s important to remain quiet about the specifics of your case.
Gather any evidence that could support your defense: If you have any evidence that could help your case, such as witness statements or surveillance footage, make sure to share it with your attorney. This information could be crucial in building your defense and securing a favorable outcome.
Follow any legal requirements or conditions: If you’ve been granted bail or released on probation, make sure you follow all legal requirements and conditions set by the court. Failing to comply could result in additional charges or penalties.
Get in Touch Today
If you’ve been charged with drug possession in Texas, the consequences can be severe. At the Law Office of Sherrod J Edwards in Dallas, Texas, I serve the Dallas area, including Cedar Crest, West Dallas, Highland Park, Irving, Farmers Branch, Addison, Richardson, Garland, Mesquite, Batch Springs, Hutchins, Duncanville, and Grand Prairie. Reach out to me today to schedule a consultation and start building your defense.