If you currently face charges for drug possession in McKinney, you face a mandatory jail sentence and a substantial monetary fine. Upon conviction, you will have a permanent criminal record that can disrupt your life, and even potentially prevent you from getting a job or holding a professional license. If the state convicts you of felony drug possession charges, you will lose your right to vote or possess a firearm.
The team at the Law Offices of Randall Isenberg understands how important it is to fight these serious charges and avoid any associated penalties. With more than three decades of experience in the Texas criminal justice system, Randall understands how to protect your legal rights and build the strongest possible case for your defense.
Call us today at 214-696-9253 for a free consultation with a drug possession lawyer in McKinney.
What Penalties Will I Face for Drug Possession in McKinney?
The penalties for a Texas drug possession charge vary based on the nature and circumstances of your case.
Possession laws, established in the Texas Controlled Substances Act (TCSA), define this crime as knowingly having illegal drugs or controlled substances in your direct possession. This could mean having the substance in your pocket, purse, or briefcase. It can also mean having it in a location that you control, such as your home, automobile, or school locker. You might also face charges if the police find someone else’s drugs in your car or house.
The severity of the possession charges you face will depend on the type and quantity of drugs the police find. The statutes categorize different classifications of illegal substances based on a predefined schedule of penalty groups, which carry charges ranging from a Class C misdemeanor (the least severe of the charges) up to a first-degree felony (the most severe type of charge).
The charges will increase if you have a record of prior drug offense convictions, including possession, manufacturing, or delivery. If your arrest occurred in a drug-free or school zone, or if a minor child was involved, you will also face aggravated charges and more severe penalties.
The statutory penalties for each class of offense are as follows.
Misdemeanor – Class C
- $500 fine
Misdemeanor – Class B
- $2,000 fine
- Up to 6 months in jail
Misdemeanor – Class A
- $4,000 fine
- Up to 12 months in jail
State Jail Felony
- $10,000 fine
- Between 6 months and 2 years in state jail
Felony – Third-Degree
- $10,000 fine
- 2 to 10 years in prison
Felony – Second-Degree
- $10,000 fine
- 2 to 20 years in prison
Felony – First-Degree
- $10,000 fine
- 5 years to life in prison
What Constitutes a Drug or Illegal Substance in McKinney?
The TCSA categorizes drugs and illegal or controlled substances into penalty groups and assesses penalties based on the category and quantity you had in your possession.
Examples of substances in each penalty group are as follows:
Group No. 1
Opiates; opium derivatives (codeine, heroin, morphine compounds); chemical equivalents of opium; cocaine; opium poppy/poppy straws; Rohypnol; methamphetamine; PCP; GHB; Ketamine
Group No. 1A
Lysergic Acid Diethylamide (LSD)
Group No. 2
Hallucinogenic substances (including mescaline and psilocybin); phenylacetone; stimulants and depressants not otherwise specified (including Quaaludes and Vyvanse); compounds derived from 2-aminopropanol (mephedrone, MDPV)
Group No. 2A
Synthetic compounds designed to simulate the effects of cannabinoids (i.e., synthetic marijuana drugs)
Group No. 3
Compounds containing stimulants (including Ritalin); compounds containing depressants (including Xanax, Klonopin, and Ativan); Nalorphine; compounds containing limited narcotics (including codeine and morphine); compounds containing barbiturates; peyote; anabolic steroids not listed elsewhere
Group No. 4
Compounds containing limited amounts of narcotics combined with non-narcotic elements; compounds containing buprenorphine or butorphanol; compounds containing pyrovalerone
Cannabinoid substances, including edibles and derivatives
How Can a Drug Possession Lawyer in McKinney Help?
Texas goes hard after drug possession convictions, and you can rest assured that the police will pressure you to make a statement. The prosecutor may attempt to convince you that pleading guilty is the best option for you. However, before you give any statements or make any decisions in your case, consult with a drug possession lawyer.
When you trust the Law Offices of Randall B. Isenberg to represent you, you will have the peace of mind that comes from having our full legal team and resources on your side.
We will protect your legal rights and be there for you every step of the way. We will ensure that you understand your options and make the best choice for your future.
In most cases, pleading guilty is not your only option. We might be able to negotiate with the prosecutor to have your charges reduced or even dismissed. We will analyze all the evidence in your case, to determine whether the police may have violated your rights or made other errors in your case.
This might involve committing an illegal search of your home, car, or person or failing to read you your Miranda rights.
In other cases, our legal team can demonstrate that the drugs belonged to someone else or that the police made a mistake in processing or retaining the evidence.
Even if the prosecutor has substantial evidence against you, we may successfully negotiate a deal with the prosecutor for a diversion program or suspended adjudication. In that case, you may need to agree to get counseling or attend a treatment program within a stipulated time period. Once you complete your obligations, the court may dismiss the charges.
We can help you determine which programs you qualify for and, if applicable, help you apply for the one that makes the most sense in your case.
If all else fails, we can build a strong case in your defense and represent you in court. The prosecutor must prove your guilt beyond a reasonable doubt, which provides us with many opportunities to present persuasive evidence in your defense.
Talk to a Drug Possession Lawyer in McKinney Today
With more than three decades in the Texas criminal justice system, Randall Isenberg understands how the prosecution will build its case against you. As a former felony prosecutor and state district court judge, his knowledge and experience help us build a strong case for your defense.
We offer a complimentary consultation and case review, to help you evaluate your options. Do not try to face this situation alone. Call us today to schedule your appointment: 214-696-9253.