Whether authorities charge Texas drug possession as a felony or misdemeanor largely depends on factors associated with the possession, such as drug quantity, type of drug, evidence of intent to distribute, prior convictions, and whether the suspect has substantial amounts of cash on hand. Experienced drug crime lawyers can help defend your rights if arrested for possession and work toward obtaining reduced charges.
Based in Houston and with offices in El Paso and McAllen, Guerra & Farah, PLLC, provides effective defense against drug possession charges throughout Texas for clients in Houston, McAllen, El Paso, Corpus Christi, Brownsville and other jurisdictions. Texas drug possession lawyer, Juan L. Guerra Jr. is knowledgeable, experienced and committed to providing you with the best possible defense. He aggressively defends his client’s rights and is reputed throughout Texas for his criminal defense skills.
The Texas Health and Safety Code and Texas Controlled Substances Act establishes possession penalties and categorizes drugs into marijuana and five other drug classifications, which include street drugs and prescription drugs possessed without a prescription.
Marijuana possession, which is the least serious drug crime, has the following penalties based on the drug amount possessed:
With the exception of possessing less than 28 grams of illegal prescription drugs, all other drug possession is subject to Texas felony charges.
For first drug offenses, other alternatives to jail may be available, such as a diversion program. A drug diversion program enables the offender to stay out of the criminal justice system and participate in a combination of drug treatment, required drug testing, drug evaluation, counseling, community service, and probation. An experienced drug possession attorney may have other strategies available depending upon the circumstances of the case. Mounting a defense based on illegal search and seizure or other constitutional rights violations are sometimes possible.
Schedule a Free, Confidential Consultation by calling us toll free at 1-866-529-6606 or in the Houston area at (713) 529-6606. If you prefer, you can fill out our intake form and we will contact you to schedule a consultation.
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