Texas takes drug crimes seriously. Upon conviction for drug possession in Rockwall, you may have to pay large fines and spend time in jail. Worse, your conviction becomes part of your criminal record, which can cause problems with potential employers and landlords.
Whether you face charges for possession of drugs or of drug paraphernalia, you need the kind of help that only a drug possession lawyer in Rockwall can provide.
The Law Offices of Randall B. Isenberg can help. Contact us today to get started at 214-696-9253.
Will I Go to Jail for Drug Possession in Rockwall?
The penalties for Texas drug possession range from low-level misdemeanors to serious felony charges, depending on three factors.
- What type and quantity of substance you possessed
- How many prior convictions you have
- Whether there were any aggravating circumstances
If you have prior convictions, if you took drugs into a school zone, or if a child younger than 15 was present, you will face charges that are even more severe.
Depending on the severity of the charge, you could potentially spend the rest of your life in prison.
Different types of drugs and controlled substances carry different penalties, depending on how the statute classifies them. The table below details the charge and the penalties associated.
|Misdemeanor: Class C||$500 fine|
|Misdemeanor: Class B||$2,000 fine, up to 6 months’ jail time|
|Misdemeanor: Class A||$4,000 fine, up to 12 months’ jail time|
|State Jail Felony||$10,000 fine, 6 months to 2 years’ jail or prison time|
|Felony: Third-Degree||$10,000 fine, 2 to 10 years’ prison time|
|Felony: Second-Degree||$10,000 fine, 2 to 20 years’ prison time|
|Felony: First-Degree||$10,000 fine, 5 to 99 years (or life) prison time|
Your drug possession lawyer can explain the nature of your charges and the potential penalties you may face upon conviction.
Whatever your penalty level may be, you must pay all court costs and fees. You may also have to attend a drug education course or serve community supervision (probation).
Finally, your drug possession conviction will leave you with a permanent criminal record. Not only can this cause significant embarrassment but, as this information will come up whenever someone runs a background check on you, it could interfere with your ability to get a job, rent an apartment, or obtain professional licensure.
If you currently attend (or plan to attend) one of the many colleges and universities in or around Rockwall, you need to know that a drug possession conviction can also prevent you from getting a student loan in most cases.
Do I Need a Lawyer for Rockwall Drug Possession Charges?
Because the potential penalties are so severe for a drug possession conviction, you want to consider how you can minimize the potential effect on your life.
A drug possession lawyer in Rockwall can help protect your legal rights. The team at the Law Offices of Randall B. Isenberg can ensure that you understand the implications of your charges and how they will affect your life — now and in the future.
More importantly, a drug crimes lawyer can identify potential strategies for getting your charges dismissed or reduced or, if necessary, for fighting the charges in court.
Your drug possession attorney will start by determining whether the police violated your constitutional rights through an illegal search. The police must have a valid reason for conducting a search.
If anything improper occurred, this provides your lawyer with a powerful bargaining tool for convincing the prosecutor reduce your charges or the judge to dismiss your case.
Even if the police conducted a legal search, the prosecutor must prove that you intentionally and knowingly possessed any drugs or paraphernalia officers discovered.
If you have no prior convictions, your lawyer can explore the possibility of applying for a diversion program. If you do not qualify for a diversion program, or if no programs are available, your lawyer can help you identify the best alternative for your future.
What Constitutes Drug Possession in Texas?
The Texas Controlled Substances Act (TCSA) establishes the statutory elements of drug possession in Rockwall. The TCSA defines possession as knowingly or intentionally having ownership of a controlled substance.
If the police found evidence in your pocket, backpack, or purse, known as actual possession, the prosecutor must present evidence to support that fact.
However, if the police found evidence in another location not in your actual control — known as constructive possession — the prosecutor must prove the four legal elements of constructive possession:
- You knew the drugs were there
- You know the drugs were illegal
- You intended to take the drugs into your actual possession
- You had the physical ability to take the drugs into your actual possession
In addition to charging you with possession, the prosecutor could pursue drug manufacturing charges if the police also found any items that you could use to manufacture a drug or controlled substance.
Finally, the prosecutor may pursue the more serious charges of drug delivery if you transported drugs or gave some to another person.
What Kinds of Drugs Are Illegal in Rockwall?
The statutes group controlled substances into four individual penalty groups, based on the type of substance in question. Different types of drugs carry different levels of penalties.
Penalty Group 1: Opiates, methamphetamine, cocaine, GHB, heroin, morphine, codeine, Rohypnol, Ketamine
Penalty Group 1-A: LSD (lysergic acid diethylamide)
Penalty Group 2: Hallucinogenics like PCP, ecstasy, synthetic THC, mescaline, psilocybin (mushrooms), DMT, phenylacetone, Vyvanse, Quaaludes, etc.
Penalty Group 2-A: Synthetic marijuana
Penalty Group 3: Anabolic steroids, barbiturates, compound drugs like Ritalin, Ativan, Xanax, Klonopin, morphine, etc.
Penalty Group 4: Narcotic compounds that include nonnarcotic ingredients
Texas classifies marijuana separately from other drugs, including edibles and derivatives. For less than 2 ounces, you will face Class B misdemeanor charges. More than 2 ounces qualifies as a Class A misdemeanor. Possession of any quantity above 4 ounces qualifies for felony charges in Rockwall.
Drug paraphernalia possession is also a crime in Texas. This includes any type of pipe, water pipe (i.e., bong), scales, and screens. Even some common kitchen items are illegal to possess in certain circumstances, if the police believe you have used or intent to use the items to manufacture illegal substances.
Fight Drug Possession Charges. Call a Rockwall Defense Attorney Today.
Without a drug possession lawyer, you may struggle to protect your legal rights and fight for the best result in your case. Do not be fooled when the police try to convince you that entering a guilty plea will make things easier for you. It will not.
Look for a drug crimes lawyer that understands how the system works and how to challenge any violations of your rights. Look for a lawyer who will work tirelessly on your behalf and provide wise and compassionate counsel.
Attorney Randall Isenberg has over three decades of experience in the criminal justice system, including time spent working as a criminal prosecutor and judge. This insight allows him to understand exactly how the system works. It also provides the insider perspective necessary to negotiate the best possible outcome in your case.
The sooner we can get to work on your case, the better your chances of having your charges reduced or dismissed. Contact the Law Offices of Randall B. Isenberg today to schedule a complimentary case review: 214-696-9253.