Upon conviction for drug possession in University Park, you will face substantial monetary fines and potential jail time. Your conviction will also go on your permanent criminal record, potentially interfering with educational and employment opportunities.
A drug possession lawyer in University Park will protect your legal rights and fight to get your charges reduced or dismissed.
Drug Possession Penalties in University Park
Almost every possession charge includes 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 had in your possession, you will face charges that could range from a Class B misdemeanor to a first-degree felony.
The penalties for each potential class of drug crimes are as follows.
|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 6 months to 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 the monetary fines and jail or prison time noted above, you will also have to 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 will go on your permanent public record, visible to anyone who runs a background check on you. 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 college. You will also be unable to hold many different types of professional licensure, such as those required to practice nursing, teaching, or real estate.
Randall Isenberg and his team can help you fight these penalties. Call today: 214-696-9253.
A Drug Possession Lawyer in University Park Can Help
When you choose University Park drug crimes attorney Randall Isenberg to represent you, you will have an advocate in your quest to fight drug possession charges.
Our legal team will assist you in a variety of important ways. When you enlist our help, we:
- Protect your legal rights
- Answer your questions and help you explore your defense 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
- If necessary, assist you with your application for diversion or deferred adjudication
- If necessary, prepare your case for court and defend you at trial
We will choose the best possible legal strategies for your defense, based on the facts and circumstances of your case. The prosecution has to 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.
Learn more during a free consultation: 214-696-9253.
Understanding Drug Possession Charges in University Park
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.
Active Drug Possession
The police will charge you with this crime if you have an illegal substance directly in your possession. This could include your pockets, backpack, purse, or briefcase.
Constructive Drug Possession
The police will charge you with this crime if you have drugs or banned substances in a location you control. This location could be your home, your car, your school locker, or a storage unit you rent.
Whether the police charge you with a misdemeanor or felony will depend on the type of drug in question and the quantity you had in your possession. To simplify this process, the TCSA identifies four primary categories of drugs and two sub-categories.
The TCSA separates controlled substances and illegal drugs into penalty groups based on the nature of the substance. Possession of marijuana and other forms of cannabis fall outside these penalty groups.
Charges for Possession of Common Controlled Substances
You can identify the specific penalties for different penalty groups within the statute. However, consider these common drugs and the charges they may bring:
- Possession of Marijuana, Derivatives, or Paraphernalia: Charges 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: Even a small quantity of these drugs can garner charges ranging from a state jail felony to a first-degree felony.
- Possession of Illegal Prescription Drugs: Charges for possessing certain controlled substances without a valid prescription start at a class A misdemeanor. This includes drugs like 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 will also face more severe penalties if you have prior drug offense on your record.
Potential Drug Possession Defense Strategies
Our legal team will evaluate 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 the court declare that evidence inadmissible.
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.
The Drugs Had a Medical Purpose
We can argue that the substance in your possession was medically necessary or approved for investigational purposes.
We have many other potential strategies that we can use in your defense, depending on the circumstances in your case. Our team will work to determine the best possible strategies for building your case.
Consult a Drug Possession Lawyer in University Park for Free
Randall Isenberg has more than three decades of experience in the criminal justice system, as a criminal defense lawyer, judge, and prosecutor. Our legal team will assist you in considering the options available to you and assist you in making the right choices for your future.
We offer a free consultation to individuals facing drug crimes charges in University Park, including drug possession offenses. Contact us at 214-696-9253 to schedule your appointment.