Although possession of a controlled substance is the most common type of drug crime charge, it should not be taken lightly. A conviction can carry severe consequences including time in prison, harsh fines, and a criminal record affecting where you may be able to work and live. At Peveto Law, we understand that this can be a confusing time and it can be difficult to know where to turn. Our firm is here for you and we will do everything our power to see that your future is not affected by a drug crime charge. Our founding Plano criminal defense attorney has a successful track record of securing acquittals as well as reduced charges, and is highly regarded by past clients. Read what our clients say about us.
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Generally, a person can be charged for possession when they knowingly or intentionally carry or have control over a drug. There are two main types of possession charges: constructive possession and actual possession. Actual possession occurs when drugs were found in your direct possession such as in your pocket at the time of an arrest. Constructive possession occurs when drugs were found in a location which you directly control, such as in your car or household, even if you were not present at the time. In order to successfully charge you with possession, the prosecution must prove that a controlled substance was found in your possession, meeting one of the criteria above, during a lawful search.
The penalties for the possession of a controlled substance can be complicated and are decided based on factors such as the type of a controlled substance as well as the amount in question. In Texas, each controlled substance is classified into one of 4 “penalty groups” (and two sub-groups) based on its potential for abuse and recognized (or lack of) medical uses. Texas uses these groups to classify not only common drugs such as cocaine and heroin, but also many of the compounds which are used in the production and manufacture of controlled substances.
The most severe penalties are associated with controlled substances in penalty group 1, which include drugs such as cocaine and heroin. A conviction for possession of a penalty group 1 drug can lead to fines of up to $100,000 and up to 99 years in prison. The least severe penalties are associated with penalty group 4 and fines begin at $2,000 with jail sentences ranging from less than 180 days to 99 years.
It is important to note that, unlike federal law, Texas classifies marijuana separately with its own laws governing punishment and regulation. Read more about the laws governing marijuana here.
The laws surrounding drug crimes can be extremely confusing and if you have been charged with possession of a controlled substance, do not hesitate to contact Peveto Law. Our Plano criminal defense attorney can help you make sense of what is happening and what you can likely expect as your case goes forward. We have nearly a decade of experience helping people in your situation and will take the time to listen to and understand your unique position.
When your future is on the line, look no further than Peveto Law. Call (972) 808-5117.
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