Upon conviction for drug possession in Allen, you face substantial monetary fines and potential jail time. You also have a permanent criminal record, potentially interfering with educational and employment opportunities.
A drug possession lawyer in Allen, TX will protect your legal rights and fight to have your charges reduced or dismissed.
Drug Possession Penalties in Allen
Thanks to the serious nature of drug crimes in Texas, almost every level of possession charge carries the threat of jail time. Fines start at $2,000 and increase substantially for more serious offenses.
Depending on the type and amount of illegal substance you are charged with having in your possession, you face charges ranging from a Class B misdemeanor to a first-degree felony.
The penalties for each potential class of drug crime are shown below:
|Class B Misdemeanor||$2,000 in fines and as much as 6 months in jail|
|Class A Misdemeanor||$4,000 in fines and as much as 1 year in jail|
|State Jail Felony||$10,000 in fines and between 6 months and 2 years in state jail|
|Third-Degree Felony||$10,000 in fines and 2 to 10 years in prison|
|Second-Degree Felony||$10,000 in fines and 2 to 20 years in prison|
|First-Degree Felony||$10,000 in fines and 5 to 99 years (or life) in prison|
In addition to monetary fines and jail or prison time, you also pay court costs and fees. The court may require you to serve probation, attend rehab or drug education classes, and perform community service.
Finally, a drug possession conviction goes on your permanent public record, visible to anyone who runs a background check. This can result in potential employers and landlords denying your application. It can also mean losing scholarships, student loans, and the ability to get into the college or university you want. You may also be prohibited from holding many different types of professional licensure, such as those required to practice nursing, teaching, or real estate.
A Drug Possession Lawyer in Allen Can Help
When you choose criminal defense attorney Randall Isenberg to represent you, you have a powerful advocate in your mission to fight drug crimes charges.
Our legal team assists you in a variety of important ways, including the following:
- Protect your legal rights
- Answer your questions and help explore your options
- Represent you in all aspects of your case
- Identify legal strategies for building your criminal defense
- Analyze the evidence in your case to identify errors and violations of your rights
- Negotiate with the prosecutor to get your charges reduced or dropped
- Assist you with application for diversion or deferred adjudication
- Prepare your case for court and defend you at trial
We choose the best possible legal strategies for your defense, based on the facts and circumstances of your case. The prosecution must prove your case beyond a reasonable doubt to get a conviction. We focus on establishing reasonable doubt by exposing flaws in the evidence and violations of your constitutional rights.
Understanding Drug Possession Charges in Allen
The Texas Controlled Substances Act (TCSA) provides the definition of drug crimes and establishes the penalties for each. The statutes divide drug possession into two categories: actual possession and constructive possession.
Actual Drug Possession
The police charge you with this crime if you have an illegal substance directly in your possession. This could include your pocket, backpack, purse, or briefcase.
Constructive Drug Possession
The police charge you with this crime if you have drugs or banned substances in a location you control. This could be your home, car, school locker, or a storage unit you rent.
Whether the police charge you with a misdemeanor or felony depends on the type of drug in question and the quantity you are charged with having in your possession. To simplify this process, the TCSA identifies four primary categories and two sub-categories.
The TCSA separates controlled substances and illegal drugs into penalty groups based on the nature of the substance.
Consider these examples:
Possession of Marijuana, Derivatives, or Paraphernalia
Penalties range from a misdemeanor to a first-degree felony, based on the quantity and type of substance in your possession.
Possession of Cocaine, Heroin, or Meth
Penalties for even a small quantity of these drugs range from a state jail felony to a first-degree felony.
Possession of Illegal Prescription Drugs
Possessing scheduled drugs without a valid prescription carries a class A misdemeanor charge. This includes anabolic steroids, codeine, Xanax, and Adderall.
Enhanced offenses covered in the TCSA include providing drugs to a minor, using a minor to commit a drug possession crime, having a forged prescription, and possessing drugs in a school zone or a designated drug-free zone.
You also face more severe penalties if you have a prior drug offense on your record.
Potential Drug Possession Defense Strategies
Our legal team evaluates your case and all available evidence to determine the most appropriate legal strategies for your defense. Some of the most common drug possession defenses include:
Illegal Search and Seizure
If the police discover drug evidence during an unconstitutional search of your person or property, we can request to have that evidence declared inadmissible in court.
No Actual or Constructive Possession
We can argue that the drugs in question belonged to someone else and that you were unaware of their presence.
We can argue that the substance in your possession was medically necessary or approved for investigational purpose.
Additionally, we have many other potential strategies for your defense, depending on the unique circumstances in your case. Our team will work to determine the best possible strategies for building your case.
Consulting a Drug Possession Lawyer in Allen
Attorney Randall B. Isenberg has more than three decades of experience as a criminal defense lawyer, judge, and prosecutor. Our legal team will assist you in considering the options available to you and help make the right choices for your future.
We offer a free consultation to individuals facing drug crimes charges in Allen, including drug possession offenses. Contact us at 214-696-9253 for your consultation.