I GOT CAUGHT WITH DRUGS. WHAT HAPPENS NOW?
Prosecutors take drug crimes very seriously. They have to prove to the public that they are tough on drug possession and use. Police departments and prosecutors are willing to spend time and money to put drug offenders behind bars. Brian Kennedy Law will spend time investigating the circumstances surrounding your arrest. Very often this can determine if the charges should be dismissed or if there is evidence that can be suppressed. We will look for those issues that can be exploited at trial.
There are many different offenses under the Texas Controlled Substances Act. This act breaks down marijuana, narcotics, and other drugs into categories. It establishes requirements regarding the manufacture and distribution of drugs. It also defines the penalties for violations. The punishments for Texas drug crimes can be severe and depend on the nature, quantity and the presence of sentence-enhancing issues.
THE PENALTY GROUPS (NOT INCLUDING MARIJUANA) FOR DRUG POSSESSION IN TEXAS ARE:
- 1 – Cocaine, heroin, methamphetamine, GHB, and ketamine
- 1a – LSD
- 2 – Ecstasy, PCP, hashish, and hash oil
- 3 – Anabolic Steroids and Barbiturates
You can be charged with misdemeanor or felony possession of drugs in Texas depending on the group listed above and the weight/amount of the drug. The penalties range from 180 days to 99 years in jail and can include fines and other penalties such as property seizures, license suspensions, and more. Because of the complexity of Texas drug laws, it is very important that you have a qualified Texas criminal attorney to represent you.
POSSESSION OF DRUG PARAPHERNALIA IN TEXAS
This is a separate charge under the Texas laws. If an officer finds you with any item that can be used as a drug processing, packaging, or consumption mechanism you can be charged with possession of drug paraphernalia in Texas. Possessing drug paraphernalia in Texas is a Class C misdemeanor which can carry a fine up to $500.00. However, if they charge you with distribution or possession of paraphernalia with intent to distribute or sell, this is a Class A misdemeanor.
POSSESSING MARIJUANA IN TEXAS
Possession of marijuana in Texas is usually a misdemeanor charge, unless you are arrested with large amount of marijuana. Marijuana possession in Texas is defined as possessing any cannabis sativa plant. It does not matter if the plant is growing or not and it includes seeds, any preparation of the plant such as a joint, or a package with the dried marijuana buds in it. The penalties for possession of pot in Texas range from no more than 180 days to 99 years in jail and can include fines, license suspensions, and other penalties. The punishments vary depending on the alleged intent and the quantity you have when you are arrested.
TEXAS DIVERSION PROGRAMS
Because of overcrowding in the jails and because possession of pot in Texas is considered a non-violent offense, Texas laws allow counties to have diversion programs. The laws also mandate that larger counties have drug courts and send certain drug offenders to drug treatment instead of jail. This means there are plenty of opportunities to resolve a drug possession in Texas without it devastating your life. In order to make sure that a charge for drugs in Texas is handled properly you need to contact Brian Kennedy Law as soon as possible and let us explain your options.
IT IS IN YOUR INTEREST TO HAVE REPRESENTATION AS SOON AS POSSIBLE.
Call Brian Kennedy Law to discuss your case and find out your options. The confidential consultation is free. Early contact often means that we are able to find out what is going on with the investigation before things get too far down the road.