Few Things to Know About Possession of Drugs in Texas

Drug laws differ from state to state, but possession of drugs or controlled substances is a serious felony in Texas that can lead to jail time.

Suppose you are found with controlled narcotics or driving while intoxicated in Texas, whether in Houston or Pasadena, you could face a prison sentence. Depending on the allegations and your previous history, a Houston Drug Lawyer can assist you in deciding the further action plan in your case.

Though your attorney can best guide you through the process, you still need to know what you will be dealing with. To help you with that, here are certain things that you should know about drug possession in Texas.

What is the legal definition of drug possession?

Drug possession means knowingly and purposefully possessing a restricted substance for personal use or to sell without a valid prescription. Possession for personal use and distribution are the two different types of drug possession accusations. The latter is usually punished with heavier sanctions to prevent dealers and distributors.

What are the charges of possession of drugs and controlled substances?

You may be thinking about what can happen if you or a loved one has been caught in a compromising circumstance with controlled substances. If you are found with possession of controlled narcotics by the authorities in Texas, you could face the following penalties:

• Hefty fines
• Time in prison
• Addiction treatment by law
• Probation
• Suspension of your driver’s license for a limited time

What determines the severity of the sentence?

Whether you are found smoking marijuana or just a possession, the severity of your sentence depends on the following factors:

• The type of drug(s) with which officers apprehended you
• What dosage of the drug(s) do you have?
• Whether the evidence establishes “delivery intent” (such as how the drug is stored, whether you possess any drug paraphernalia, whether you have a lot of cash on you, or if you have any past convictions or prior offenses)
• Whether or not a minor was present when the offense was committed

Can the charges of drug possession be dropped?

The charges may be withdrawn in some cases, and you will not have a conviction on your record. It is more likely to happen when a jurisdiction offers diversion programs for people caught with minuscule quantities of controlled substances.

Before the charges are withdrawn, most of these programs require the person to undergo court-ordered rehab, pay all penalties and court expenses, and fulfill all other needed duties. A Houston Drug Lawyer can guide you through the legal process. They have the right expertise in different drug laws and can help you to reduce or drop your charges.

How to avoid prison time and go to rehab?

If you’ve been caught with a restricted substance in Texas, you almost certainly don’t want to go to jail. You may, however, have another choice.

For persons who have been convicted of drug possession or other drug-related offenses in Texas, court-ordered treatment is a type of alternative sentencing.

If the following circumstances are true to your case, the court may decide that a trip to rehab would be more beneficial than a trip to jail:

• The nature of your crime does not warrant prison
• You’ve never been convicted of a crime
• A nonviolent offense that you committed
• The crime caused by drug addiction, either directly or indirectly

You should always take drug charges seriously. Even minor negligence can result in catastrophic consequences such as longer prison time. Make sure you get suitable legal representation to reduce the fines or punishment.