Navarro & Ellis County Drug Possession Attorney

Texas law has four classes of drugs, and each has its own classification and penalties. In addition to the classes of drugs, there are different possession charges, depending on what type of drug or paraphernalia and the amount of the drug. Higher amounts of drugs in multiple containers may result in a possession with intent to sell charge.

Drug Possession Charges

Possible charges include:

• Possession of marijuana
• Possession of a dangerous drug
• Possession with intent to sell
• Possession of drug paraphernalia

What Are The Penalties For Drug Conviction?

The penalties for a drug conviction in Texas are among the toughest in the nation. Drug possession may be charged as a misdemeanor or a felony, depending on the situation.

The penalties for conviction vary depending on the following:

• The type of drug
• Quantity
• How the drug is stored
• Any past convictions

The penalties for conviction depend on whether the person is charged with a misdemeanor or felony but may include time in jail and fines of up to $250,000.

What are the Common Legal Defenses for Drug Possession?

If you have been arrested, one of the most important steps to take immediately after is hiring an experienced drug crime attorney. Your lawyer can listen to your story, review your case, and figure out the best available legal defenses.

Some of the most common legal defenses for drug possession charges include the following:

• Lack of Possession: You may argue that you either did not possess the drug or you had no knowledge its presence. For instance, let’s say a friend borrowed your car earlier, but when you were stopped by police, they found drugs in the vehicle. You could claim that you were not aware of any drugs in your vehicle and did not have any control over them.
• Illegal Search and Seizure: According to the Fourth Amendment of the United States Constitution, if the police failed to establish probable cause before searching your car or person, your lawyer could argue that the evidence obtained through the search and seizure should be inadmissible in court and suppressed.
• Prescription: You may be able to avoid a conviction for drug possession if you have a valid prescription for the drug in question.
• Entrapment: Entrapment occurs when law enforcement officials (e.g., the police or undercover agent) induce or convince you to commit a crime that they would not have otherwise committed.
• Duress: Duress occurs when someone is forced to commit a crime while being threatened or coerced. You must prove that you only possessed the drugs because you were forced to do so to avoid a conviction.