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.
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;
In order to be convicted, you must have knowingly been in possession of a controlled substance. You might have a strong defense if you were unaware of the drugs in your possession. You might win the case if you have proved that you were unknowingly possessing controlled substances.
Prescription from a Doctor
You can be in possession of several drugs as long as you have a valid doctor’s prescription. Such prescriptions vary from antidepressants to strong pain killers. A valid prescription shows that you are legally allowed to use or be in possession of such drugs. If you were arrested for having drugs that were prescribed by your doctor before the time of arrest, then you have a strong defense.
Insufficient Quantity
For a conviction, the amount of controlled substance found on you should be a “usable amount.” This means that the amount should be adequate for laboratory testing and confirmation that it is indeed a controlled substance. There are cases where the amount is too little to allow formal testing in a lab. In such a situation, then you have a valid defense.
Intended for Animals
Though drugs are controlled for human consumption, there are times when they are used for animal consumption. To make this defense valid, then you would need to show authorization stating that the drugs found in your possession were not meant for human consumption.
Depending on the amount of drugs found on, you might be charged with class A, class B, or class C misdemeanor. Possession of large amounts of drugs can be treated as a felony charge classified into a third-degree felony, a second-degree felony, and first-degree felony as the most severe charge.
