Depending on what type and how much of a drug you were allegedly caught with, you could face up to $250,000 in fines and up to 99 years in prison. The penalties for a first-time offender depend on the type of drug that was diverted illegally. Possession of even a small amount of heroin -- less than one gram -- is charged as a felony and may result in jail time, while possession with intent to sell can get you a life sentence. Possession of a Penalty Group 1-A substance is always charged as a felony under Texas law. A first-time marijuana charge could land ⦠Heroin is a powerful narcotic and, like with methamphetamine, law officials in the State of Texas take even simple possession as a very serious felony offense. Drugs are classified into Penalty Groups in Texas, and the Penalty Group a drug falls under is an important factor in ⦠The higher the level of drugs found at the time of arrest, the more severe the charge. First-degree felony. If you are facing drug charges, there are three main things that can impact the charges: The type of drug in your possession; The amount of drugs found in your possession Texas law contains a wide range of drug-related offenses, from minor traffic ticket paraphernalia charges up to first-degree felony manufacturing charges. Third degree felony, punishable for two years to 10 years in prison and a fine of $10,000. 4 - 200 grams. See our Austin drug defense lawyers page for more details. Drug Possession Attorneys in Dallas, Texas Being accused of drug possession in Texas is an overwhelming experience, and it's important to have insights about your rights moving forward. For example, Kentucky, which has adopted similar mandatory minimum sentencing ⦠The severity of criminal consequences for a drug possession conviction depends on the circumstances of the alleged crime, the particular substance in question, the amount of the substance found, and the defendant's criminal history. Even a first offense for possessing less than a gram of a penalty group 1 drug could bring up to two years in jail and $10,000 in fines. Board Certified criminal defense attorney Andrew J. Williams defends clients throughout the Kingwood and Humble, Texas, area against drug possession charges. Those found to be in possession of hash, butane hash oil (BHO) or other marijuana concentrates will face felony charges. Texas Drug Possession Laws: Criminal Charges and Penalties Denton County Criminal Defense Lawyers: Call Today at (940) 580-2899. Possession of marijuana is still illegal in texas. Found under Chapter 481 of the Texas Health and Safety Code, the provisions that govern drug possession are a complex maze of rules and regulations.. Related crimes include possession with intent to distribute, drug manufacturing, prescription drug ⦠Code § 12.33 Web Search; Texas Stat.Code § 12.34 Web Search; Texas Stat.Code § 12.35 Web Search It is estimated that 25% of local inmates and 25% of state prisoners are incarcerated due to drug possession charges, and often the state dismisses that these people suffer from severe addictions. While possession of drug paraphernalia may seem like a fairly minor charge, it can also lead to more serious drug charges. Potential Defenses to Drug Charges. We have experienced defenders ready to fight for the rights of the accused and would be happy to speak with you about your case. When a drug possession crime is classified as a felony offense, it immediately makes a case far more dangerous for the alleged offender. 400 grams or more. Illegal drugs continue to be a law enforcement concern across the country. In Texas, possession of cocaine is taken very seriously and can lead to an arrest and felony drug charges being filed. The highest penalty given in Texas for drug possession is life or 99 years in prison and/or a fine of up to $250,000. Texas Heroin Possession Penalties. drug possession cases, when the stateâs resources would be better directed toward prosecuting more serious crimes. Many people think that federal drug possession charges in Dallas, Texas are no big deal when they relate to âsimpleâ possession. Here's generally the type of penalties you will be looking at for different felony drug convictions: State jail felony: 180 days to 2 years in a state jail and/or a fine of not more than $10,000. Texas Drug Laws and Penalty Groups. MIDLAND, TX ââ A 31-year-old Midland woman is facing murder charges after she admitted to placing her newborn baby in the trunk of a car. While Texas has some of the harshest drug possession laws, many individuals arrested in possession of small quantities of drugs for the first time face misdemeanor charges. San Antonio Drug Crimes Lawyer Mounts an Aggressive Defense Tenacious Texas lawyer fights possession, distribution and other drug charges. Hello, I live in Austin,Texas and i was recently charged for possession of drug paraphernalia (PDP) in Lampases, Texas where there is a no drug tolerance . Punishment includes a fine of up to $10,000, and jail time of 180 days to 2 years. Getting caught with an illegal controlled substance or narcotic is a serious crime. Possession of cocaine under 1 gram is a state jail felony bringing a prison sentence of 6 months to 2 years. Under Section 481.1151 of the Texas Health and Safety Code, possessing less than 20 units of a group 1-A substance is a state jail felony. The bail amount set rises quickly, with $100,000 for more than 1 lbs, 1 to 3 kilos at $500,000, and 4-10 kilos at $1 million in California. A conviction can lead to up to one year in jail, one year of probation, or a fine of up to $1,000. Possession of more than three grams of synthetic drugs is a third-degree felony. That means the judge can impose up to five years in prison, five years of probation, or a $5,000 fine. The state must prove each of these elements beyond a reasonable doubt. Drug possession is a serious offense, but lucky for you, first time offenders face more relaxed penalties. The punishment of someone convicted of any drug-related crime can range from two to 20 years in prison, including fines of up to $10,000. Such crimes can bring fines of up to $10,000 and jail time of 2 to 10 years. Therefore, most defenses focus upon whether the defendant. Instead of receiving the maximum sentence, which can be two to 99 years in jail, depending on the felony classification, convicted individuals undergo rehabilitation for addiction and counseling. Legally speaking, a first-time felony drug offense in Texas comes with possible jail time of 10 years to 99 years, but when you are working with the right attorney you will work towards an alternative sentence that will include probation, drug education courses, and other alternative options to avoid jail. A charge of possession with the intent to deliver a controlled substance in Texas may be proved by the presence of circumstantial evidence. An accusedâs acknowledgment that he or she intended to distribute or sell drugs isnât required. The prosecution may focus on: Drug Possession Charges â Group One Penalties The table below represents the maximum allowable penalties under Texas law, classified by the amount of heroin you are accused of having. Drug possession is a serious criminal charge in Texas carrying a wide range of punishments from probation to lengthy prison sentences, depending on the amount of the drug. Possession of Heroin in Texas. No matter how large or small that you feel your Houston drug case is, you need an experienced Houston drug possession lawyer protecting your rights. Facing drug possession charges in Texas can be scary. Texas Stat. The law n Texas for Possession: Less than 1 g. Home » Drug Charges » Possession of Cocaine. Given that Texas is a major port of entry for illegal drugs from south of the border, Texas authorities are ⦠$ 50,000. Such states focus on 1st and 2nd offenses where the first charge is around $2,500 bail and the 2nd charge closer to $5,000. This means you can be jailed for up to life in prison for possession of these drugs. You can even end up in jail as a result of a first-time drug possession charge. Texas drug laws are notoriously strict, and this is especially true when dealing with a drug like heroin. 2. 1st degree felony. Texas has some of the harshest drug possession laws in the country. Often, this results in a fine of upwards of $4,000 and a maximum of one year in jail. Possession of larger amounts of marijuana can be charged as distribution, possession with intent to sell, or drug trafficking. Federal lawmakers enacted mandatory minimum sentencing guidelines for drug offensesin 1986 in an attempt to target high-level distributors, although they also impact lower-level drug defendants. Austin Drug Possession Defense Attorney Trial-Tested Experience in Travis County & Central Texas. First time possession charge- Getting arrested and charged with drug possession in Texas can have serious negative consequences that can alter the course of your life significantly. Conversely, if you are in possession of a small amount of marijuana, you could face a misdemeanor charge. Defendants charged with possession of magic mushrooms and other psychedelics tend to face multiple charges: drug paraphernalia, possession of marijuana and THC. If you are accused of possession of drug paraphernalia in Texas, it is important to speak to a criminal defense attorney right away. It allows the offender to avoid the maximum sentence by complying with alternative sentencing guidelines ordered by the court. Getting arrested for drug possession is an embarrassing, scary, and frustrating experience, especially if it is your first offense. Medical marijuana use is expanding. 200 grams or more, but less than 400 grams. Please note, Marijuana possession charges can be enhanced if the suspect was in possession of marijuana in a drug-free zone: within 1,000 feet of a school zone, playground, or community center. Less than 1 gram. These will vary based on the type of drugs. Under state law ( Texas Controlled Substances Act , Health & Safety Code, and Texas Penal Code), a conviction, and sometimes even just an arrest, for possession of a controlled substance is subject to strict criminal penalties. In Texas, drugs fall into five classifications. The punishment for drug possession in Texas depends on which penalty group the drug falls into and the quantity of the drugs. Texas Stat. 1 - 4 grams. In one traffic case, a Chappell, Lanehart & Stangl client was driving through a rural county in the Texas Panhandle, moving from Colorado to his parentâs home in South Texas. Reference from: www.inspiredbooksandmobileapps.com,Reference from: kyronmichael.com,Reference from: scs.dxn2u.com,Reference from: www.helaynemarcuz.com.br,
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