Facing Drug Possession Charges in Texas?

Texas ranks controlled substances into punishment groups based on their potential for abuse and medical use. The penalties for drug possession are determined by the specific penalty group associated with the drug.

The penalty groups are as follows:

• Penalty Group 1 and 1-A: Includes substances with a high potential for abuse and narrow medical use, such as cocaine, heroin, and methamphetamine. LSD, considered highly dangerous, is Group 1A.
• Penalty Group 2 and 2A: Contains substances with a lower potential for abuse but that still pose significant risks, including ecstasy (MDMA), PCP, and mescaline. Synthetic cannabinoids are classified under Penalty Group 2-A.
• Penalty Group 3: This group has a significantly lower potential for abuse and has accepted medical uses, such as anabolic steroids and Xanax.
• Penalty Group 4: The least restrictive group includes substances with a lower potential for abuse and accepted medical uses, such as cough medicines with codeine.

The penalties for drug possession can be severe. The consequences depend on several factors, including drug specifics, your criminal history, and if there was an intent to distribute. 

Here's what you need to know:

• Class A Misdemeanor: Possession of less than two ounces of marijuana is typically classified as a Class A misdemeanor, resulting in up to one year in county jail and fines of up to $4,000.
• State Jail Felony: Possessing a small amount of Penalty Group 1, 1-A, 2, or 2-A substances can lead to state jail felony charges with a punishment of 180 days to 2 years in state jail and fines of up to $10,000.
• Third-Degree Felony: Larger amounts of Penalty Group 1, 1-A, 2, or 2-A substances typically raise the charges to a third-degree felony, with 2 to 10 years in prison and fines of up to $10,000.
• Second-Degree Felony: Possession of even more significant amounts of controlled substances usually leads to second-degree felony charges, carrying a prison sentence of two to 20 years and fines maxing at $10,000.
• First-Degree Felony: When a tremendous amount of controlled substances are present, you could face first-degree felony charges, with penalties of five years to life in prison and fines of up to $10,000.

Facing drug possession charges is terrifying. It helps to know that you have legal rights and potential avenues for defense.

Our seasoned Abilene drug possession attorneys are here to assist you in crafting a robust defense strategy tailored to your specific circumstances.

The most well-known defenses against drug possession charges are:

• Challenging Illegal Search and Seizure: If law enforcement violated your Fourth Amendment rights during a search and seizure, any evidence obtained may be deemed inadmissible in court.
• Establishing Lack of Knowledge or Control: In some instances, you might not have been aware of the presence of drugs or had control over the situation. This defense typically applies when you live or work in the same place with others or borrow a vehicle.
• Citing Medical Necessity: Certain individuals may possess controlled substances out of genuine medical necessity, but this defense requires proper documentation from a qualified medical professional.
• Questioning Chain of Custody: A strategic defense approach involves challenging the integrity of evidence by raising doubts about the chain of custody.
• Alleging Entrapment: If law enforcement coerced or induced you to commit a drug-related offense that you wouldn't have otherwise engaged in, the defense of entrapment may be a viable option.

After authorities charge you with drug possession in Abilene or anywhere in Taylor and Jones Counties, how the legal process unfolds depends on the jurisdiction and the case's specific circumstances.

Here is a general overview:

1. Arrest: Initially, you may be arrested by law enforcement if they have evidence or reasonable suspicion to believe you have illegal drugs. 
2. Booking: After the arrest, you are typically taken to the Taylor County Adult Detention Center, where you will go through the booking process, including recording your personal information, taking fingerprints, and sometimes a mugshot.
3. Initial Appearance: You will have an initial appearance in court, usually within a day or two of the arrest. The charges against you will be formally presented during this hearing, and you will be informed of your rights. You may also be allowed to request bail.
4. Bail Hearing: If bail is set, your attorney can request a bail hearing to argue for a lower bail amount or your release on your own recognizance (without bail) if you are considered low risk.
5. Legal Representation: It's crucial to consult with an attorney who profoundly understands Abilene criminal defense, especially drug possession cases. Your attorney will assess the evidence, advise you on potential defenses, and represent your interests throughout the legal process.
6. Discovery: Your attorney may request evidence from the prosecution through the discovery process. This can include police reports, witness statements, and any physical evidence of your case.
7. Plea Negotiations: Sometimes, your attorney may negotiate a potential plea agreement. This could involve reduced charges or sentencing recommendations in exchange for a guilty plea.
8. Pretrial Motions: Your attorney may file motions to suppress evidence if there are grounds to believe that the evidence was obtained illegally or in violation of your constitutional rights. These motions will be argued in court.
9. Trial: If a plea agreement is not reached or if you choose to contest the charges, your case may go to trial. The prosecution and defense present their case during the trial, and a judge or jury determines your guilt or innocence.
10. Sentencing: If you are found guilty, the court will schedule a sentencing hearing where the judge will determine the appropriate punishment, which may include fines, probation, drug treatment programs, or incarceration, depending on the severity of the offense and your prior record.
11. Appeals: If convicted and you believe there were errors during the trial or sentencing, you may have the option to appeal the decision to a higher court.

Drug possession laws and procedures can vary widely depending on the jurisdiction and the type of drug. Penalties range from fines and probation to significant prison sentences.

Consult a qualified attorney to guide you through the legal process and provide the best possible defense.