In Texas, drug possession charges carry harsh penalties, including mandatory jail or prison time and substantial monetary fines. Get a drug possession lawyer in Denton on your side to protect your rights and fight for your future.
Attorney Randall Isenberg brings more than 30 years of experience and puts that knowledge and experience to work for you. In addition to his time as a criminal defense lawyer, he also worked as a chief felony prosecutor and judge. This background and insight can help him build the strongest possible case for you.
Call the Law Offices of Randall B. Isenberg today at 214-696-9253 today for help.
Will I Have to Do Time for a Drug Possession Conviction?
Even the most basic Texas drug possession charges carry a possible six-month jail term. Some of the most serious drug crimes can put you in prison for life.
Most drug crimes also carry a substantial fine — up to $250,000 in some cases.
The Texas Controlled Substances Act (TCSA) establishes a complex web of offenses and penalties, depending on the type of substance in question and the nature of the drug crime. In Denton, you could face charges for drug possession, delivery, manufacturing, or a combination of these offenses.
The TCSA categorizes different substances into groups, based on the classification of the drug. Associated charges and penalties depend on the classification and quantity the police caught you with, ranging from a Class B misdemeanor up to a first-degree felony or even federal drug possession charges.
So, without legal intervention, you can expect to go to jail or prison upon conviction of drug possession in Denton.
What Charges Might I Face If Officers Find Me with Drugs?
If law enforcement finds drugs on your person or under your control, you will face drug possession charges.
Drug possession means that you knowingly or intentionally had an illegal or controlled substance under your control. If you had drugs in your pocket, purse, or backpack, you will face possession charges. These charges also apply if you had drugs in your car, your home, or your school locker.
Depending on the amount you possessed (or whether you possessed certain instruments or ingredients commonly used to manufacture drugs), you might also face drug manufacturing or delivery charges.
Drug manufacturing charges apply to the growing, producing, or preparing of an illegal substance, or having ingredients or equipment in your possession that you could use to manufacture a drug.
Drug delivery, sometimes called drug trafficking, refers to the distributing, selling, giving, or transferring of a controlled substance to another person. Prosecutors often pursue this offense if the police caught you with a large quantity of drugs in your possession or if you had drugs packaged for sale or distribution.
Each type of charge can also include enhancements, which will make the level of charges and the associated penalties harsher. For example, using a child to commit a drug crime, having a weapon in your possession, or committing a drug crime in a school or drug-free zone can significantly increase the severity of penalties you may face upon conviction.
If you have prior drug possession offenses, you will also face more serious penalties.
What Are the Texas Drug Possession Penalty Groups?
The TCSA categorizes controlled substances into groups. The charges you face depend on what penalty group the drug in question belongs to.
In Penalty Group 1, you will find opiates, opium derivatives, cocaine, Rohypnol, methamphetamine, PCP, GHB, and ketamine. Penalty Group 1A includes only Lysergic Acid Diethylamide (LSD).
Possession of a Group 1 or 1A substance range from a state jail felony to a first-degree felony. So, for possession of less than a gram of cocaine (penalty group 1), you will spend between 180 days and two years in state jail and pay fines up to $10,000.
In Penalty Group 2, you will find hallucinogens like mescaline, MDMA, and psilocybin (i.e., shrooms), and stimulant/depressant compounds such as Vyvanse and Adderall. In Penalty Group 2A, you will find all synthetic marijuana compounds such as Spice and K2.
Possession charges for substances in Group 2 or 2A range from a class B misdemeanor to a first-degree felony. These charges bring fines between $2,000 and $50,000 and up to life in prison.
Penalty Group 3 contains stimulant compounds like Ritalin, depressant compounds like Xanax and Klonopin, some narcotic compounds (morphine, codeine), barbiturates, peyote, and anabolic steroids.
Charges for Group 3 range from a Class A misdemeanor to a first-degree felony.
In Penalty Group 4, you will find narcotic compounds that contain limited quantities of narcotics along with medicinal treatment ingredients (such as codeine cough syrup) and other related compounds.
Charges for Group 4 range from a Class B misdemeanor to a first-degree felony.
Cannabinoids (marijuana and marijuana derivatives) fall under a different set of statutes. Charges range from a class B misdemeanor to a first-degree felony. So, upon conviction for possessing less than two ounces of marijuana, you will face a $2,000 fine and up to six months in jail.
What Legal Strategies Will My Drug Possession Lawyer Use in My Defense?
Your drug possession lawyer will work with you to determine the best approach to your case. In every case, your attorney will attempt to persuade the prosecutor to dismiss or reduce your charges.
If the prosecutor declines this request, your attorney can build the strongest possible case to defend you in court.
Some potential strategies your lawyer may use include questioning the legality of the police search and seizure at the time of your arrest. The police may not have established probable cause before they searched your home or car, for example. The police may also have mishandled evidence collected in your case.
If you qualify, your drug possession attorney may recommend that you apply for participation in Denton County’s First Offender Drug Program (FODP) or the Denton County Drug Court program. These programs provide an exceptional opportunity to get help for a possible substance abuse problem and potentially face a reduced level of penalties.
Talk to a Denton Drug Possession Lawyer Today at No Cost
The Law Offices of Randall B. Isenberg provides criminal defense for drug possession in Denton. We offer a free consultation and case review, so you can ask questions and get a better understanding of your potential options.
Contact us today at 214-696-9253 to learn more, or to schedule an appointment with a drug possession attorney in Denton.
