Drug Possession

Different states have varying penalties against drug possession; however, Texas laws regarding controlled substances are quite severe. If you find yourself in a situation where you have been caught in possession of drugs, then your best bet is to seek an experienced defense lawyer.

Possible repercussions for drug possession, as stipulated in the Texas Controlled Substance Act, include;

  • Hefty fines
  • Treatment for drug addiction,
  • Driver’s license suspension,
  • Probation, or jail term.

The penalties for drug possession charges vary depending on the type of drug, presence of drug paraphernalia, how the drugs were stored or concealed, or past convictions. This is why having a legal counsel who works in your best interest can get you a reduced sentence or treatment at a rehab center.

Various drug possession penalties. What exactly determines whether you will be sentenced to 1 or even 50 years in jail? Does the prosecution consider whether you are a first-time offender or not?

Well, let’s look at some of the factors that a judge considers when making a ruling on your drug possession charges.

Judges in Texas understands that a person can have a hard time and end up on the wrong side of the law. Though possession charges in Texas are harsh, if you have no criminal record and was found with a small amount of a controlled substance, then your chances of getting a reduced sentence or even a plea deal are quite high, especially if you have help from an expert defense attorney.

If you have a past criminal record, then don’t despair, even if you might be facing a harsh sentence with a hefty fine.A highly capable criminal defense lawyer can turn things around for your case by coming up with a strong defense that might convince the judge to go for a reduced sentence.

These two charges come with very harsh penalties; however, an intent to distribute is even more severe and can land you in jail for a long time. Let’s break it down to know what the two charges actually mean.

  • For instance, if you are caught with one bag of cocaine with no weapons, large cash amounts, or scale, then your charges will be drug possession. 
  • If you are caught with one bag of the same amount of cocaine but divided into small packages, scales, and large amounts of cash, then that implies that you had an intent to distribute. An intent to distribute can attract higher a higher jail sentence and fine.

Your drug possession charges in Texas, including the fine to be paid, and the sentencing largely depends on the negotiations and agreements between your legal team and the prosecution. Prosecutors are sometimes willing to accept a reduced jail term or fine in exchange for probation or a guilty plea.

A defense attorney’s job is to work in your best interest by studying your case and going through the list of possible changes to come up with a strong defense that might get you a favorable outcome.

The quality of legal representation that you have will determine how your case turns out. An error in such judgment might cause you an entire 99 years with added fines.

Your defense lawyer has the responsibility of creating the record upon the start of the appeal process. This is because the cases are usually reviewed for any legal errors. Since the court of appeal will look into the appellate record, the defense attorney needs to do a thorough job. The court of appeals is only required to go through the appellate records and not conduct a new trial, hear witnesses’ statements, or accept new affidavits. The only documents to be considered include the clerk’s record and also the reporter’s record.

Working with an experienced appeal attorney can help ease the stress during the appeal process because you are assured of receiving expert service. The process of constructing the record to be reviewed by the court requires your lawyer to write to the clerk by instructing him/her about the information to be included in the record. The clerk will then provide copies of the necessary information by charging a per-page fee.

The appellant’s attorney also has to communicate to the court reporter by formally requesting the transcripts recorded during the trial. What follows is that the court reporter prepares a cost estimate, then prepares the transcript and finally file the record with the court of appeals. The court reporter’s record and the clerk’s record constitute the whole appellate record, which is the only information that the justices of the higher court will review.

The state of Texas is stringent with regard to drug charges. However, there are several defenses that your defense attorney can use to avoid your conviction or get a reduced jail term. Such arguments include;



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