DEFINITION OF POSSESSION
The legal definition of “possession” is complex and is defined by the Texas Penal Code as having “actual care, custody, control, or management” of an illegal substance.
A person may be charged with possession of drugs even if they are not actually on him or her. In Texas, the police often charge individuals with drug possession for drugs found in the general vicinity of the person, even though the legal definition of possession has not been established.
Texas courts treat drug possession charges and punishments seriously. If you have been charged with drug possession, you should seek a criminal defense attorney who will aggressively defend your rights.
PENALTIES FOR DRUG POSSESSION
The Texas Controlled Substances Act establishes four different penalty groups which are used to set punishments for criminal drug offenses
Penalty Group 1 includes such substances as heroin, methamphetamines, codeine, hydrocodone, while group 2 covers MDMA, ecstasy and hallucinogens. A felony conviction of possession of one of these can include incarceration for a term ranging from 180 days to life and fines of up to $50,000.
Penalty Group 3 includes Xanax, Valium, Lysergic acid (LSD) and drugs containing small amounts of narcotics. Penalty Group 4 includes substances which contain quantities of narcotics, but also contain one or more non-narcotic active medical ingredients, such as Sudafed. A conviction for possessing one of the substances in these groups can be a either a misdemeanor or a felony, depending on the amount of the drug possessed. Penalties vary significantly depending on the classification.
In addition to the criminal penalties associated with a conviction for drug possession, the State of Texas can also seek to suspend your driver’s license for up to six months or longer for a violation.
DEFENDING THE POSSESSION CHARGE
One of the most common defenses to any drug charge is to attack the “affirmative link.” That is, the facts which establish the link between the person charged and the drugs. The State has the burden of proving the link beyond a reasonable doubt, and the defense lawyer must aggressively challenge any police or law enforcement testimony intended to prove this critical element.
In some cases, we use polygraph evidence to demonstrate a lack of knowledge on our client’s behalf, and especially at the Grand Jury level, this evidence can be extremely useful in getting charges dismissed.
DRUG POSSESSION AND IMMIGRATION
Drug possession charges may also have serious immigration consequences with Immigration and Customs Enforcement (ICE) even if you are not convicted by a Texas criminal court. Immigration law not only looks at whether an individual has been convicted of a crime, but also whether they have admitted to a crime in a court of law, as is often required for a Deferred Adjudication plea. Even expunged cases can be considered by immigration. A person’s immigration status can seriously change the approach we take in defending a criminal case.
DON TITTLE, CRIMINAL DEFENSE ATTORNEY
The penalties in Texas drug possession cases are some of the harshest in the country. If you have been charged with a drug possession offense in Dallas, Tarrant, Collin, Rockwall, Denton, or Ellis County, contact The Law Offices of Don Tittle at 214-522-8400 or complete the
online contact form to arrange a free consultation.