The State of Texas takes a very firm stance against drugs and takes its drug charges very seriously. If you have been charged with drug possession in Texas, you face potential jail time, steep fines, and lasting social consequences that can change the course of your future.
Under circumstances like yours, you need the skilled legal representation of an experienced Round Rock criminal defense attorney in your corner.
Drug Possession Charges
Drug possession is the most common drug-related charge in Texas, and the related fines and penalties are steep. The sentence you will face will be based on the class of drugs alleged to be in your possession and the amount of the drug involved.
Penalty Group 1
The drugs in penalty group 1 are primarily narcotics that generally serve no medical purpose and are under serious control. Examples include heroin, meth, and cocaine. Possession of less than a gram of a penalty group 1 drug begins as a state jail felony, which carries from 180 days to 2 years in a state jail facility and fines of up to $10,000.
Penalty Group 1A
Penalty group 1A also addresses drugs that are considered especially dangerous and that generally have no medical purpose. This category, however, refers to only those drugs that are measured by units rather than by weight, which include LSD and its salts, isomers, and salts of isomers.
A conviction for possession of less than 20 units of a penalty group 1A drug is also a state jail felony, which translates to from 180 days to 2 years in a state jail facility and fines of up to $10,000.
Penalty Group 2
Penalty group 2 drugs consist primarily of hallucinogenic substances, such as PCP and MDMA. Possession of less than a gram is a state jail felony that carries fines of up to $10,000 and from 180 days to 2 years in a state jail facility.
Penalty Group 2A
Penalty group 2A drugs include chemical compounds that replicate cannabinoids and are typically called spice or K2. possession of less than 2 ounces is a Class B misdemeanor, which can land you in a county jail for up to 180 days and carries fines of up to $2,000.
Penalty Group 3
Penalty group 3 includes less potent opiates than those listed in penalty group 1, such as benzodiazepines, sedatives like Xanax and Valium, anabolic steroids, and other prescription medications that are either depressants or stimulants and can potentially be abused.
Possession of less than 28 grams of these drugs is a Class A misdemeanor that carries up to 1 year in a county jail and fines of up to $4,000.
Penalty Group 4
Penalty Group 4 addresses the remaining opioids and opiates, including prescription medications that have not already been addressed and that have less risk of abuse. Possession of less than 28 grams is a Class B misdemeanor that carries incarceration in a county jail for up to 6 months and fines of up to $2,000.
Marijuana
Marijuana is in a class of its own in Texas. While the rest of the nation – in general – has taken a more relaxed stance regarding marijuana, Texas stands firm. Medical marijuana is legal in the state but only under exacting circumstances.
Possession of less than 2 ounces of marijuana in Texas is a Class B misdemeanor, and a conviction carries up to 180 days in a county jail and fines of up to $2,000. Some cities, including Austin and Round Rock, generally don’t ticket or arrest those found in possession of very small amounts of marijuana, but there are no guarantees on this point.
The fines and penalties increase significantly as the amount of the drug in possession increases. Mitigating factors, such as prior convictions, can also lead to enhanced sentencing.
If You’re Arrested
If you have been arrested for drug possession, there are some very important steps you can take to protect your rights and to make the experience less – rather than more – stressful.
Remain Calm
To begin, it is important to remain as calm as you possibly can. Police officers take the actions they need to in order to keep situations from escalating – in the protection of their own, and everyone else’s safety – and any hysterics on your part will only make things worse for you.
The bottom line is that if the police are going to arrest you, nothing you say or do will change this fact, and the best course of action is to remain as calm as possible and to remain silent on the matter.
Treat the Officers Respectfully
If you are being arrested for drug possession, the officers involved are doing their job. Even if you are convinced that they are making a mistake, being cooperative and respectful throughout the process will work to your advantage in the short and the long run.
To begin with, treating everyone involved with respect helps to ensure that the arrest won’t escalate into something much more frightening. In so doing, you demonstrate that you’re invested in cooperating, which can help put the matter behind you more quickly.
You are required to answer the officers’ questions regarding your identity and address. Beyond this, however, it is your right and in your best interest not to answer any questions and not to get chatty.
Know and Invoke Your Miranda Rights
Upon arrest, the police are required to inform you of your Miranda rights.
These include your right to remain silent and your right to have an attorney with you when you’re being questioned. You should know that anything you do say can – and almost certainly will – be used against you in the drug possession case the prosecution is building. Now is the time to silence yourself and to let the police know that you want a lawyer.
Probable Cause for Arrest
There are also important rights in place regarding your arrest in the first place. For example, the police need probable cause to charge you with a crime and arrest you. This means that they must have a reasonable belief, which is based on facts or evidence, that you committed, were committing, or were about to commit a crime – such as being in possession of an illegal drug.
Police Search
This brings us to the matter of police searches. You are not required to allow a search of your person, your vehicle, or your home, and you are well-advised not to do so.
The police need either a warrant or probable cause to move forward with a search, and if they proceed with neither, any evidence found won’t be admissible in the case against you. This is a matter that your formidable criminal defense attorney will skillfully tackle.
Your Right to Be Treated Fairly and to Not Be Harmed
In the course of your arrest, you also have the right to be treated fairly – within the confines of the law – and to not be harmed. By remaining calm and respectful and invoking your legal rights, you help to ensure that this will happen.
If you are mistreated, however, let your seasoned criminal defense attorney know the specifics because it could help them build a stronger defense on your behalf.
Resist the Urge to Explain Yourself
Although we’ve already discussed the importance of remaining silent, it’s worth repeating in relation to explaining yourself. When you’re in the hot seat and have been through the harrowing experience of being arrested for drug possession, you may feel the need to explain yourself, which is very common.
The police interviewing you may turn on the charm, act like they’re on your side, and attempt to engage you in a friendly conversation that is hard to resist, but taking the circumstances into consideration is paramount. Even if you have what you consider a perfectly understandable explanation for being in possession of an illegal drug, holding your tongue is still advised.
You’re far better off leaving all the talking to your trusted Round Rock criminal defense lawyer.
Keep the Social Consequences of a Drug Possession Conviction in Mind
In addition to harsh legal penalties, being convicted of a drug possession charge also comes with serious social consequences. Your criminal record is a matter of public information, that employers, landlords, and others can access, which leaves you vulnerable to all the following:
A tarnished reputation
Difficulty finding a job
Difficulty renting a home or being approved for a home loan
Barriers to furthering your education
Implications for the professional licensure you’ve earned, which could be revoked entirely
Drug possession charges come with consequences that are far too serious not to bring your strongest legal defense.
FAQ
The answers to the following frequently asked questions may help you with your own case.
It’s just a small amount of weed. Is it really a big deal?
While attitudes about marijuana are changing across the nation, and many states have legalized its recreational use, Texas has been extremely slow to adopt this legal shift. If you’re charged with possession of even a small amount of marijuana, you can face jail time and steep fines – in addition to the social consequences attached.
Is a criminal defense lawyer necessary?
Yes, if you have been charged with drug possession, it is in your best interest to have professional legal counsel on your side from the outset. Your focused Round Rock attorney will skillfully handle each of the following primary tasks:
Helping you navigate the challenging criminal justice system with your rights intact
Gathering all the relevant evidence and building your strongest defense
Negotiating with the prosecution to, ideally, have the drug possession charge against you dropped or to have the charge or sentence you face seriously reduced in an advantageous plea deal – when deemed beneficial
Being well prepared to take your case to trial and fiercely advocate for a favorable resolution, when that is considered the best course of action
Without a resourceful criminal defense lawyer backing you up, the consequences you experience are likely to be far more serious.
Can’t I just explain that the drugs aren’t mine?
The standard for drug possession charges in Texas are being in control or possession of the illegal substance, and the matter of who owns the drugs doesn’t alter this fact. If you didn’t know about the drugs in the first place, the so-called knew or should have known rule comes into play.
Even if you didn’t know about the drugs deemed to be in your possession or didn’t know they were illegal, the state will highlight any incriminating circumstances that tend to dispel your professed lack of knowledge. If the prosecution can demonstrate that you either knew or should have known you were in possession of an illegal drug, they will proceed full steam ahead.
This takes us back to the primary point that you are always better off when you invoke your right to remain silent. In the course of explaining yourself, you’re far more likely to strengthen the state’s case against you than to bolster your own defense.
Your dedicated Round Rock criminal defense lawyer will strategize the right legal defense for your unique case and do all the talking on your behalf. When it comes to your comments, less really is more.
Consult with an Experienced Round Rock Criminal Defense Attorney Today
Brett Pritchard at The Law Office of Brett H. Pritchard is a practiced Round Rock criminal defense attorney whose vast experience leaves him well-suited to skillfully defend you against the drug possession charge you face.
The outcome of your case is far too important to leave to chance, so please don’t wait to contact or call us at 254-781-4222 to schedule a free consultation and learn more about what we can do to help you today.