DO YOU NEED A LAWYER FOR A SIMPLE DRUG POSSESSION CHARGE?
Drug crime lawyers defend clients who are facing allegations of drug possession, intent to sell, trafficking, and other drug related crimes. When residents of Texas are arrested on a single drug possession charge, they often underestimate the severity of this offense, especially if it is their first criminal charge. This leaves many wondering: “do you need a lawyer for a simple drug possession charge?”
Yes, it is important for any individual in Dallas, TX, and surrounding areas to hire a top drug charge attorney who specializes in all drug-related crimes, no matter how small.
ALL DRUG CRIMES REQUIRE LEGAL REPRESENTATION
Prosecutors often try to add other charges to crimes involving illegal substances. What was initially a simple possession charge, can escalate to additional criminal allegations. This can even include federal level drug charges, such as a federal drug conspiracy if more than one person is involved. Additional charges may result based on other circumstances surrounding the arrest, including the classification of the substance and the amount seized.
In Texas, drug possession charges can vary based on the type and quantity of the controlled substance involved. Here are the main types of drug possession charges in Texas:
Possession of Marijuana (POM)
- Class B Misdemeanor: Up to 2 ounces.
- Class A Misdemeanor: 2 to 4 ounces.
- State Jail Felony: 4 ounces to 5 pounds.
- Third Degree Felony: 5 to 50 pounds.
- Second Degree Felony: 50 to 2,000 pounds.
- First Degree Felony: Over 2,000 pounds.
Possession of Controlled Substances
Controlled substances are classified into four penalty groups:
Penalty Group 1 (e.g., Cocaine, Heroin, LSD)
- State Jail Felony: Less than 1 gram.
- Third Degree Felony: 1 to less than 4 grams.
- Second Degree Felony: 4 to less than 200 grams.
- First Degree Felony: 200 grams to less than 400 grams.
Penalty Group 2 (e.g., MDMA, Synthetic Cannabinoids)
- State Jail Felony: Less than 1 gram.
- Third Degree Felony: 1 to less than 4 grams.
- Second Degree Felony: 4 to less than 400 grams.
- Enhanced First Degree Felony: 400 grams or more.
Penalty Groups 3 and 4 (Prescription Medications, Benzodiazepines)
- Class A Misdemeanor: Less than 28 grams.
- Third Degree Felony: 28 to less than 200 grams.
- Second Degree Felony: 200 to less than 400 grams.
- Enhanced First Degree Felony: 400 grams or more.
Factors Affecting Charges
- Drug-Free Zones: Enhanced penalties for possession near schools or playgrounds.
- Prior Convictions: Increased penalties for repeat offenders.
- Intent to Distribute: Possession with intent to distribute can lead to more severe charges.
The penalties for these charges can quickly become felony offenses and/or even federal charges. Seek legal representation immediately if you are facing drug possession charges in Dallas, TX or surrounding areas.
MANDATORY JAIL TIMES AND OTHER REPERCUSSIONS FOR drug possession charges in Texas
Evaluated drug possession charges can potentially result in many penalties, including mandatory jail time, excessive fines, professional problems, and other life-altering repercussions. Prior offenses, possession with intent to distribute, possession in a drug-free zone, and other factors can enhance the charges and penalties.
Texas drug laws are harsh when it comes to sentencing. Penalties for simple possession can range from 180 days to up to a year in jail and thousands of dollars in fines. Felony drug possession charges can result in substantial prison time, up to 99 years in some cases, along with exorbitant fines that can go as high as $250,000.
If you are facing drug charges in Texas, you must consult a criminal defense attorney who can provide guidance based on your situation.
HOW CAN A DRUG CRIME LAWYER HELP ME?
A drug crime lawyer can provide several important services if you face drug-related charges:
- Legal advice: A drug crime lawyer can evaluate your case, explain the charges against you, and advise you on the best course of action based on the specifics of your situation.
- Protect your rights: Your lawyer will protect your constitutional rights throughout the legal process, including protecting you against unlawful searches and seizures, and ensuring you receive due process.
- Plea bargaining: In some cases, your lawyer may be able to negotiate with prosecutors to reduce your charges or secure a more favorable plea deal, potentially resulting in a lesser sentence.
- Trial representation: If your case goes to trial, your drug crime lawyer will represent you in court. They will present evidence and arguments in your defense, challenge the prosecution’s case, and work to secure a not-guilty verdict.
- Sentencing advocacy: If you are convicted, your lawyer can argue for a lenient sentence. They can present mitigating factors and alternatives to incarceration, such as drug treatment programs.
- Guidance through the legal system: Drug crime lawyers are familiar with the complex criminal justice system and can guide you through the process. They can ensure you meet all necessary deadlines and requirements.
- Expungement or sealing of records: In some cases, after the conclusion of your case, your lawyer may be able to help you get your criminal record expunged or sealed. This can help minimize the long-term consequences of a drug conviction.
It’s important to remember that every case is unique, and the specific ways a drug crime lawyer can help you will depend on the details of your situation. Consulting with an experienced attorney is the best way to understand your options and ensure you receive fair treatment.
FIND A DRUG DEFENSE LAWYER
It is important to choose a lawyer who specializes in criminal defense and has experience representing clients who are facing drug-related charges. This is a broad area of practice, requiring a defense lawyer who experienced the courtroom.
It is also wise to hire an attorney who has represented clients on both a state and federal level.
SEARCH FOR: DRUG CRIME LAWYER NEAR ME
Use Google search engines to find a specialized drug defense lawyer in your area. A search for drug crime lawyer near me, should result in several potential legal professionals. Check their websites, reviews, and experiences from previous clients for more information about their practices.
SCHEDULE A CONSULTATION
Schedule a free consultation to discuss your case with a drug defense lawyer. Never pay a lawyer for this consultation. A reputable criminal defense attorney will not charge their clients for a consultation or case review. Be sure to gather all case related documents, arrest reports, court paperwork, and/or other evidence before meeting with potential attorneys.
DURING THE CONSULTATION
Legal consultations are the best way for potential clients to gauge how an attorney will perform in their defense case. Test each lawyer’s competence by asking questions regarding their professional experience.
- How many cases have you defended for drug charges? What were the outcomes?
- What are the potential outcomes for my case?
- Do you have time to begin immediately working on my defense case?
You should also evaluate how you feel when in the presence of the attorney and whether or not they seem invested in the success of your case.
DRUG LAWYER DEFENSE STRATEGIES
There are several defense strategies that an experienced drug crimes lawyer can use for drug-related crimes, including possession. A criminal defense attorney could even secure a case dismissal before your court date arrival if they can prove law enforcement or prosecutors violated your constitutional rights during the search and arrest and subsequent prosecution of the crime. Some defense tactics your attorney could explore include:
PROBABLE CAUSE
Law enforcement must follow specific legal protocol when making an arrest. They must have probable cause to search for drugs and make an arrest. This means that the officer has a reasonable basis for believing that someone committed a crime or that evidence of a crime is present in a specific location.
Here are some common examples of probable cause in drug possession cases:
- Plain View: If an officer sees drugs or drug paraphernalia in plain sight, such as on the seat or floor of a vehicle during a traffic stop, this can establish probable cause for a search or arrest.
- Odor: If an officer detects the distinct odor of a controlled substance, such as marijuana, this can provide probable cause to search a vehicle or person.
- K-9 Alert: If a police dog, trained to detect drugs, alerts to the presence of controlled substances in a vehicle or on a person, this can establish probable cause for a search.
- Informants: If a reliable informant provides specific information about drug possession or drug activity, this can be used to establish probable cause for a search warrant or arrest.
- Behavior: If a person exhibits suspicious or nervous behavior, especially in combination with other factors, this may contribute to probable cause for a search or seizure.
- Admissions: If a person makes incriminating statements or admissions about possessing drugs, this can establish probable cause for an arrest.
It’s important to note that probable cause is a higher standard than mere suspicion but a lower standard than the “beyond a reasonable doubt” required for conviction. If authorities don’t establish probable cause, the court may declare any evidence they seized as inadmissible under the “exclusionary rule.”
ILLEGAL ARRESTS
Examples of illegal arrests include:
- Unwarranted Searches and Seizures
- Failure to Read Miranda Rights
- Denied Right to an Attorney
Neglecting to uphold their legal responsibilities is a common occurrence that can result in an automatic case dismissal.
REASONABLE DOUBT
You are innocent unless the prosecution can prove that you knowingly and intentionally had drugs in your possession. A good criminal defense attorney can instill reasonable doubt by convincing the judge and/or jury that you were unaware the drugs existed, belonged to another individual, or that the substance in your possession was an illegal substance.
OTHER DEFENSE OPTIONS FOR DRUG POSSESSION CHARGES
Your lawyer may identify other defense options for your case. For instance, your lawyer may argue that you did not actually possess the drugs in question. This could be the case if the drugs were found in a shared space or belonged to someone else. If you were unaware that drugs were present, your lawyer could argue that you lacked the necessary knowledge or intent to be guilty of possession.
The best defense strategy for your case will depend on the unique facts and circumstances surrounding your arrest and charges. An experienced drug crime lawyer can evaluate your case and advise you on the most effective approach to defending against the charges you face.
EXPERIENCED DRUG CRIME LAWYER GREGG GALLIAN
Drug crime defense lawyer Gregg Gallian is an experienced drug crime lawyer who has defended hundreds of clients in Dallas and throughout the State of Texas. As a former federal prosecuting attorney, Gallian possesses extensive knowledge of both state and federal drug laws. He also knows the tactics that prosecutors will utilize to push for a drug possession conviction.
Reach out to Gallian Firm today to schedule a free consultation or case review.
