In Garland, drug possession charges might result in heavy monetary fines and time behind bars, not to mention social stigma and a permanent criminal record. If you have prior convictions, the penalties will be even more severe.
If you are facing criminal charges for drugs or drug paraphernalia, do not take chances with your future. Contact a drug possession lawyer in Garland who will mount an aggressive defense on your behalf.
With more than three decades of experience as a felony prosecutor, Texas state district court judge, and defense lawyer, Randall Isenberg knows how the court system works. Let the Law Offices of Randall B. Isenberg put that experience to work for you. Call us today at 214-696-9253 for help.
What constitutes drug possession in Texas?
In Garland and throughout Texas, the Texas Controlled Substances Act (TCSA) contains all the relevant drug possession statutes applicable to your charges.
According to the statutes, you may face drug possession charges if you knowingly or intentionally have any controlled substance in your possession (on your person), in your home, car, purse, briefcase, backpack, or locker.
The statutes define a controlled substance as a drug or substance listed in any of the Texas drug possession penalty groups. You may also face drug manufacturing charges if you possessed any substances or chemicals that one might use to manufacture a controlled substance. Drug delivery charges, a more serious crime, may apply if you gave drugs to another person or if you transported them.
What type of drugs are illegal to possess in Garland?
The Texas drug laws divide drugs and controlled substances into four primary penalty groups. The state bases the degree of your drug charges on the penalty category that applies.
Penalty Group 1: Opiates (including morphine, codeine, opium, heroin), cocaine, PCP, Rohypnol, methamphetamine, GHB, and Ketamine
Penalty Group 1-A: Lysergic Acid Diethylamide (LSD)
Penalty Group 2: Hallucinogenic drugs including synthetic THC, DMT, BZP, ecstasy/MDMA, mescaline, psilocybin, mephedrone, phenylacetone, Vyvanse, MDPV, Quaaludes
Penalty Group 2-A: Synthetic marijuana (i.e., spice, K2, etc.)
Penalty Group 3: Compounds including stimulants (Ritalin, Preludin), compounds including depressants (Ativan, Xanax, Klonopin), compounds including morphine, codeine, difenoxin, compounds including other substances (barbiturates), appetite suppressants, peyote, and non-exempt anabolic steroids
Penalty Group 4: Narcotic compounds containing nonnarcotic ingredients, such as compounds of Butorphanol and Buprenorphine and compounds of pyrovalerone
Possession of cannabinoid drugs, including marijuana, its derivatives and marijuana edibles, are not included in the four main penalty groups. Instead, the TCSA addresses these substances separately.
It is also a crime in Texas to possess drug paraphernalia, including pipes, bongs, needles, and scales. If used to make illegal drugs, you may even face charges for the possession of household items such as sifters, blenders, bowls, and spoons.
What penalties might I face for drug possession in Garland?
Depending on which drugs you possessed, and in what quantity, your drug possession charges could range from a class B misdemeanor to a first-degree felony. (Possession of paraphernalia is a class C misdemeanor.)
Your charges may be more serious if you have previous convictions, if you took drugs into a school zone, or if you used or possessed drugs in the presence of a minor.
We have outlined the penalty ranges for each type of drug possession offense below.
|Class C Misdemeanor||up to a $500 monetary fine|
|Class B Misdemeanor||Up to 6 months in jail, $2,000 monetary fine|
|Class A Misdemeanor||Up to 12 months in jail, $4,000 monetary fine|
|State Jail Felony||6 months to 2 years in jail or state prison, $10,000 monetary fine|
|Third-Degree Felony||2 to 10 years in prison, $10,000 monetary fine|
|Second-Degree Felony||2 to 20 years in prison, $10,000 monetary fine|
|First-Degree Felony||5 to 99 years or life in prison, $10,000 monetary fine|
Because of the complex nature of Texas drug possession laws, you should have a criminal defense attorney explain the potential penalties associated with your charges.
What are your options for fighting drug possession charges in Garland?
Having a drug conviction on your record can prevent you from getting a job, renting a home, or qualifying for a professional license. The social stigma can also be significant.
Your options are to go to court to fight your charges or, if you have a Garland drug possession lawyer on your side, you may be able to avoid the embarrassment and cost of a trial.
Even if the police found drugs in your possession, it does not guarantee a conviction. Your lawyer can review the circumstances of your arrest and potentially identify weaknesses in the prosecution’s case.
If the police potentially violated any of your constitutional rights, we may be able to convince the state to drop your charges, or negotiate a plea bargain with the prosecutor. A drug charge attorney can ensure the protection of your legal rights throughout the criminal proceedings. Your lawyer can explain all your options for a potential legal defense and, if necessary, build a strong case and defend you in court.
If you qualify, you may choose to participate in a diversionary program, such as the Dallas DIVERT drug court program. Your Garland drug possession attorney can explain this program and help you determine if you this option is possible in your case.
Schedule a FREE consult with a Garland drug possession lawyer today.
Having a drug possession lawyer will help ensure the protection your legal rights and provide the best possible outcome for your case.
The sooner your attorney can examine the prosecution’s evidence against you, the better the chances of finding weaknesses in the state’s case. Randy Isenberg has more than 30 years’ experience in prosecuting, sentencing, and defending drug possession cases. Having worked as both a felony prosecutor and district court judge, he understands the inner workings of criminal prosecution, which can be invaluable for helping to protect your future.
Contact the Law Offices of Randall B. Isenberg today to schedule your free consultation: 214-696-9253.