In Richardson, a conviction for drug possession means substantial fines, jail time, and a permanent criminal record.
Unfortunately, navigating the Texas legal system can be overwhelming. Because prosecutors work especially hard to win drug cases, you may find yourself facing serious criminal charges and mounting pressure to plead guilty. Do not attempt to fight this battle alone. Before you make any decisions or provide any statement to the police, talk to a drug possession lawyer in Richardson to explore your options.
If you are facing charges of possession or other drug crimes, you need someone on your side to protect your legal rights. Attorney Randy Isenberg has worked in the Texas criminal justice system for decades. As a former chief felony prosecutor, he understands how the prosecution will attempt to build a case against you.
At the Law Offices of Randall B. Isenberg, we offer no-cost case evaluations and consultations, to answer your questions and help you decide on your next move. Contact us today at 214-696-9253 today to schedule your appointment.
Penalties You Will Face for a Drug Possession Conviction
Texas takes a hard stance on drug crimes. Convictions often carry extensive jail or prison sentences and exorbitant financial penalties. If convicted, you could have to pay up to $100,000 and spend decades in prison.
The penalties for drug possession in Richmond, as set forth in the Texas Controlled Substances Act (TCSA), depend on which controlled substance or illegal drug the police allege you had in your possession, as well as the quantity of the drug in question.
Drug possession charges range from a misdemeanor all the way up to a first-degree felony, which is the most severe type of charge.
In addition to jail time and fines, a conviction for drug possession in Richardson means you must pay all court fees and costs. The judge may sentence you to probation and community service or require you to attend drug counseling.
You will also have a permanent criminal record, which can prevent you from getting a job, holding a professional license, getting into college, or getting a student loan.
How the Texas Statutes Determine Drug Possession Charges
The TCSA defines drug possession and having a controlled substance in your control intentionally. The police can arrest you for having drugs in your pockets, briefcase, purse, or backpack. If the police find drugs in your car, home, school locker, storage unit, or in any location under your control, they can also arrest you.
The statutes categorize illegal drugs and controlled substances into four primary penalty groups, depending on the substance type.
- Group 1 includes opiates, opium derivatives, cocaine, Rohypnol, PCP, GHB, and methamphetamine
- Group 1-A includes LSD
- Group 2 includes hallucinogens like DMT, “magic mushrooms,” mescaline, and quaaludes
- Group 2-A includes synthetic chemical marijuana substitutes
- Group 3 is made up of stimulant compounds, compounds containing depressants, compounds containing narcotics, peyote, and anabolic steroids
- Group 4 includes narcotic compounds, such as codeine and morphine.
The statutes classify the possession of marijuana and other cannabinoid drugs and derivatives separately from these penalty groups. State law also classifies the possession of drug paraphernalia separately from these groups.
Possession of any quantity of a substance from Penalty Group 1, 1A, or 2 will earn you a felony charge, depending on how much you had in your possession. For possession of a Penalty Group 2A, 3, or 4 substance, you could face misdemeanor or felony charges, depending on the quantity in question. For the possession of marijuana or a derivative, you will face charges ranging from a Class B misdemeanor all the way up to a first-degree felony, depending on what you had and how much.
However, if you have prior drug convictions on your record, if you had a weapon, or if you had a minor child with you at the time of arrest, you could face enhanced charges and penalties.
How a Drug Possession Lawyer Can Help You Fight These Charges
The criminal defense team at the Law Offices of Randall B. Isenberg understands how frightening and intimidating it can be to face charges as serious as drug possession. We provide compassionate and aggressive representation for clients facing drug crimes charges. We will protect your legal rights and stand by your side throughout the entire process.
We will begin by ensuring you understand the severity of the charges you face and how a conviction could affect your life. We will answer your questions and help you explore your options.
Although you might assume that the prosecutor can easily get a conviction in your case, it is important that you understand the burden of proof required to make that happen.
For example, if the police arrested you for having drugs in a location you control —rather than on your person—the prosecutor must prove that you had knowledge of the drug’s presence, that you knew it was an illegal substance, and that you had the ability and the intent to take the substance into your actual possession.
Our legal team will analyze the evidence in your case to identify any errors or potential violations of your legal rights, such as illegal search and seizure or problems with how the police maintained the evidence. Any problems we identify can allow us to negotiate with the prosecutor or petition the court for a reduction or dismissal of your charges. If you qualify, we may also explore the potential of a deferral or diversion program.
Schedule a Free Consultation With a Drug Possession Lawyer in Richardson
You do not have to face drug possession charges alone. The Law Offices of Randall B. Isenberg would like to offer you a complimentary consultation and case evaluation. We can answer your questions and help you make the best choice for your future.
Contact us today at 214-696-9253 for help.