Possession of a Controlled Substance in Texas – All You Need to Know

When you are facing drug charges in Texas, it’s understandable to feel confused, scared, or overwhelmed. If you’ve never faced such charges before, you may not know exactly what you should do next. The help of an experienced drug possession lawyer cannot be understated. Without the right kind of legal assistance, you could suffer serious consequences. Possession of a controlled substance in Texas is a serious crime, and you should know how to defend yourself.

As you navigate the Texas possession of a controlled substance laws, it’s vital that you understand you don’t have to do it alone. You should consider reaching out to a possession of a controlled substance attorney who understands what’s at stake for you. If you end up convicted, you may have a criminal record that can follow you for the rest of your life. This may impact your job options, your social standing, and even your personal relationships for quite some time.

Why Should You Hire a Possession of Controlled Substances Lawyer?

There are many important reasons why you should hire a possession of controlled substances lawyer. Having someone in your corner who has experience dealing with possession of controlled substances cases can be significant. The legal team at Greco Neyland, PC, can provide you with a focused and personalized approach to your case. Our founding members, Jeff Greco and Dustan Neyland, have the knowledge of working with prosecutors and as defense attorneys.

According to statistical information collected by the United States Sentencing Commission, drug crimes in Texas accounted for nearly 18% of all reported crimes in the state throughout 2023 alone. At the same time, a report by the Texas Department of Public Safety detailed nearly 75,000 arrests for drug possession alone throughout Texas in 2021. Drug possession charges are not rare in Texas, and it’s vital that you protect yourself if you are charged.

Dealing with the emotions that come with drug charges can’t be easy. It’s okay to ask for help during what may be one of the most difficult and unpredictable times of your life. You may want to consider reaching out to a local mental health support group for help, such as 2-1-1 Texas or NAMI Connection. Speaking to someone about what you’re going through can be quite beneficial, especially if they have experienced something similar themselves at some point.

Drug Possession Penalties in Texas

When it comes to drug possession in Texas, it is vital that you understand the potential penalties you could face with a conviction. Here are some of the possible penalties for possession of a controlled substance in Texas:

• If you are caught with any Penalty Group 1 (PG1) drugs such as cocaine, heroin, methamphetamine, ketamine, or fentanyl, you could end up serving up to a life sentence in prison in addition to a $100,000 fine, depending on the amount you are caught with.
• While marijuana has been largely decriminalized across the country, it still remains illegal in Texas, even in small amounts. If you are caught with less than two ounces, you could be charged with a Class B misdemeanor. If you are caught with a more significant amount, you could be charged with a first-degree felony.

Drug Possession Defense Strategies

When facing drug possession charges, you want to make sure you have a strong defense strategy to rely on. Here are some of the potential defenses commonly used in drug possession cases:

• Lack of intent: To secure a conviction of drug possession, the prosecution needs to be able to prove your guilt beyond a reasonable doubt. This is often easier said than done. Proving your absolute guilt involves proving intent if you can prove that you had no knowledge of the drugs and how they ended up in your possession, which can go a long way towards helping your case.
• Illegal search: It’s important to keep in mind that you are protected from illegal search and seizure by the Fourth Amendment. An illegal search and seizure occurs when the police search your property or vehicle without a valid search warrant or without probable cause. This can sometimes result in any evidence gathered during the search being rendered inadmissible.

FAQs

Q: What Is the Sentence for Possession of Controlled Substances in Texas?

A: The sentence for possession of a controlled substance in Texas depends entirely on the amount of drugs in your possession at the time and the type of drug. Depending on the details of your case, the penalties can include jail time and significant fines. A skilled attorney versed in Texas law can discern possible sentences for your situation.

Q: How Do You Get a Drug Possession Charge Dropped in Texas?

A: There are many ways you could get a drug possession charge dropped in Texas. A knowledgeable lawyer can be of great assistance in these matters. Challenging the validity of the initial search may render certain evidence inadmissible, as well as disputing intent can be a key defense strategy in drug possession cases.

Q: What Is the Minimum Sentence for Possession of a Controlled Substance?

A: In Texas, the minimum sentence for possession of a controlled substance depends on the type of drug you are caught with and how much of it you have. If you are caught with only a gram of any Penalty Group 1 drugs, you could be facing two years in jail and a $10,000 fine. For any Penalty Group 4 drugs, possessing a limited amount may result in a maximum sentence of 180 days in jail and a fine of $2,000.

Q: Should I Hire a Defense Lawyer?

A: Yes, you should hire a defense lawyer if you are facing drug possession charges. You don’t want to end up fighting for yourself against an experienced prosecutor, especially if they are seeking the maximum penalty. The right lawyer’s help can make all the difference in your case. You should consider speaking to one, if only to find out what your options are.

Contact Us Today

At Greco Neyland, PC, we can assist you in addressing your drug charges. Contact us to speak to someone about your case.