Drug Possession Attorney in Dallas
If you’ve been arrested for a felony or misdemeanor drug possession charge or any similar charge and feel the charges are unwarranted, you’ve come to the right place. There are many defenses to drug possession charges that can force the government to reduce or dismiss them. In fact, recently we got a second-degree felony drug possession charge reduced to a misdemeanor and got the defendant deferred adjudication. We urge you to retain the Dallas drug possession attorneys at Corbett & Corbett LLP to fight your charges.
For years we have been offering exceptional criminal defense in the Dallas – Fort Worth metropolitan area. Our attorneys are talented at defending drug possession charges. We will fight to ensure your rights are protected.
What are Drug Possession Laws in Dallas?
The Texas Controlled Substances Act describes most illegal substances, with each type having progressively heavier consequences. How much drugs a defendant allegedly possesses dictates the severity of the charges. Possessing large quantities of drugs can bring a life sentence.
Texas places drugs into four categories:
- Hallucinogens. (drugs known for altering reality, mood or perception). Marijuana, PCP, LSD, psilocybin (mushrooms), mescaline, ketamine (Special K), and peyote.
- Depressants (otherwise known as “downers”). Benzodiazepines (Ativan, Xanax, Thorazine, etc.), barbiturates, alcohol, inhalants, opioids (painkillers), opiates (heroin) or inhalants.
- Narcotics (Those generally made from opium poppy). Hydrocodone (Lortab, Vicodin), fentanyl, oxycodone (Percocet, Percodan), carfentanil, codeine and similar.
- Stimulants (Drugs designed for alertness or “speeding”). Methamphetamines, certain types of inhalants and cocaine.
Just because the government charges you with possessing, delivering or manufacturing drugs doesn’t mean you have to get convicted. The government must have sufficient evidence to prove every element of the charge beyond a reasonable doubt. That is a tough burden, and we ensure they carry it.
Penalties for Possession of Controlled Substance in Texas
Potential penalties for possessing controlled substances are categorized into four (4) penalty groups. Each category carries distinct jail or prison terms and fines, which varies based on the amount one allegedly possesses:
- Penalty Group 1 (PG1). Most narcotics and hallucinogens are placed in PG1. The punishment range is probation to life in prison and $100,000 fine.
- Penalty Group 1-A (PG1-A). The punishment range is similar to PG1 except the maximum fine can be up to $250,000.
- Penalty Group 2 (PG2). The punishment range is similar to PG1 except the maximum fine can be up to $50,000.
- Penalty Group 2-A (PG2-A). The punishment range is probation to life in prison and a $50,000 fine.
- Penalty Group 3 (PG3). The punishment range is similar to PG2-A.
- Penalty Group 4 (PG4). The punishment range is probation to life in prison and $50,000 in fines.
• Marijuana Group. K2, spice, marijuana, and any illegal derivatives of marijuana are included in this group. Penalties range from probation and drug treatment, up to 180 days and $5,000 in fines for two ounces or less. If convicted of possessing over two ounces of marijuana, the range is probation to life in prison and fines up to $50,000 depending on the amount.
The punishment can be more severe for manufacturing or delivering controlled substances or marijuana. Each case will have variables dictating jail length, fines, and other classes. Both mitigating and aggravating factors contribute to the final sentence.
Defenses to Drug Possession
Corbett & Corbett LLP will raise one or more of the following defenses based on evidence they obtain from their investigative and/or discovery efforts:
- Drugs found in defendant’s possession was not meant for human consumption;
- Drugs are allowed under a new drug application submitted to Federal Food, Drug, and Cosmetic Act; or, the substance was approved for investigational purposes according to the FFDCA;
- The quantity of drugs found in defendant’s possession was insufficient to merit level of charges;
- The defendant’s primary physician prescribed drugs in the defendant’s possession;
- Defendant lacked knowledge the drugs were in his possession; and
- Many other defenses.
Our Firm Defends Drug Possession Charges
If the government has charged you with possessing drugs in Texas, the quality of criminal defense you receive means everything including whether and how much time you may spend in jail or prison. Texans frown upon drugs, and the sentences they give to defendants illustrate this for even small amounts of drugs.
To preserve your rights to a fair trial when charged with drug possession, schedule your consultation with us today by phone at (214) 956-4418 or online using our Schedule Now link.