Drug crime can range from Class C misdemeanors for possession of drug paraphernalia to First Degree Felonies for possessing high quantities of drugs with the intent to distribute them to others.
There are some drugs (such as marijuana, cocaine and meth) which are illegal to possess in any quantity. Many drugs are legal to possess only if you have a valid prescription. The law has recently gotten more strict regarding the possession of prescription drugs. You now have to be more careful any time you possess your drugs or the drugs of your family members. You should only carry your drugs in the original pill bottle. We have had clients who were arrested for carrying their own medications outside of their original pill bottle. DO NOT MIX pills into one container. It is ridiculous, but true.
Degree of Offense in a Drug Crime
The Texas Health and Safety Code governs drug possession law. There are five penalty groups for illegal drugs and prescription medications (marijuana is its own, separate category). Each drug is placed into a category. The degree of offense and resulting punishment range depends on which penalty group the drug is placed into and the amount of the drug you are charged with possessing.
Reasonable Doubt Regarding a Drug Crime – Attorney Defense
Although it is not uncommon for police to arrest everyone inside a car or residence in which drugs are found, merely being present is not enough to be guilty of possessing drugs. The state should be held to the standard of proving that you were in actual or constructive possession of the drug beyond a reasonable doubt. This means that the prosecutor must prove that you intentionally or knowingly had care, custody, control or management of the drugs. However, please notice that the prosecutor does not have to prove ownership of the drugs, only possession with knowledge.
Our Conroe criminal lawyer will defend you against unlawful searches of your property
There are many defenses to drug possession cases. Other than contradicting elements of the offense that have been discussed above, a successful defense often hinges on the legality of the conduct of the arresting officer. The United States and Texas Constitutions protect against unlawful searches and seizures of individual’s persons and property. If you are not one-hundred percent certain that drugs are not in a vehicle or your place of residence, DO NOT consent to a search. If drugs are found, you will not be able to talk your way out of getting arrested by just saying that you did not know the drugs were there. On the scene, the officer will always assume that you know what is in your car or residence. If you have been the subject of a search in which consent was not obtained by the officer, we have the experience to investigate claims by the officer that consent was granted. It is not always simply your word against the officer’s word.
The offense of Delivery of a Controlled Substance is defined as giving a controlled substance to another person. It is not necessary that money (or anything else) is given in exchange for the drugs. Police often use tactics such as conducting surveillance or using a confidential informant when trying to arrest someone for dealing drugs. We have the experience to investigate all of the evidence and evaluate the strength of the state’s case against you.