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DEFEND YOURSELF AGAINST TEXAS DRUG CHARGES

  • By websitebuilder
  • 20 Feb, 2018
When you are charged with possession of an illegal substance in Texas, you have too little time to think about the consequences before you face trial. Many people become intimidated by the charges during this time, feeling that there is no hope.

The truth is that you have rights you might not be aware of, and a wealth of possible defenses against drug charges await you. With the help of legal counsel, you may be able to fight back against the charges. Your first step is to understand Texas and the state's strict drug laws and consequences.

WHAT ARE POSSIBLE DEFENSES FOR DRUG CHARGES?

You need not feel that you have little recourse when it comes to fighting back against drug charges. With your legal professional, you can determine which of these defenses work best for you.

Unwitting possession - This defense is best when you are in a situation in which you had no idea drugs were present. For instance, you might have been working as a delivery person for a messenger service and unwittingly delivered illegal substances to another individual. In another case, the illegal substance may have been found in your apartment even though you had no idea it was there.

Lack of possession - When you use this defense, you are essentially saying that the drugs found on your person or property were not yours. For instance, you may own a car you were driving, but drugs found in the backseat of the car belonged to one of your passengers.

Entrapment - Entrapment is a common defense used in court, especially in areas where police may have a history of abusing power. Similar defenses may include illegal search, planting evidence, and threatening witnesses.

Medical use - In some cases, like with prescription medications and marijuana, you may be able to demonstrate that the substances were meant to be used as a legal prescription.

Insufficient quantity - The amount of the substance you are thought to be in possession of is significant. When you are charged with having a small amount of a substance, you may be able to demonstrate that the amount does not meet the legal requirements for such strict charges.

WHAT ARE THE CONSEQUENCES FOR DRUG CONVICTIONS IN TEXAS?

Texas, like other states, has a schedule of drugs detailing which are to be considered more serious. The schedule details which drugs and amounts are considered misdemeanor and felony charges.

The legal consequences for drug possession in Texas are also based on your age, location (like a drug-free zone), and whether you were driving or at work at the time of the arrest. Your sentence may also take into consideration any prior convictions you have had for drug-related offenses and whether you also had drug paraphernalia with you.

The manufacture, delivery, or possession of illegal substances may require that you spend at least 180 days in jail, but you could also receive a life sentence in some cases. You may also be charged a fine of up to $250,000 depending on the circumstances.

Some substances, like cocaine, are considered a felony no matter how much is in your possession. The other most serious drug charges are for opioids, methamphetamines, LSD, and hallucinogens. PCP and ecstasy are in the next stage, followed by prescriptions with stimulant and depressive effects. Marijuana is considered the least serious of the drugs on the schedule.

No matter what types of charges you are facing, you should never represent yourself in court. Strong criminal defense requires a reliable criminal defense attorney. We aim to serve our clients by presenting a solid base of facts in court. Call our office today to set up a consultation.
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