Georgetown Drug Possession Attorney

Understanding Drug Possession Charges in Texas

Under the Texas Controlled Substances Act, possession of a controlled substance without a valid prescription is a criminal offense. The penalties for possession vary depending on the type and quantity of the drug, as well as whether the individual has any prior convictions.

Knowing how Texas defines “possession” is crucial in building a solid defense. Simply being near a drug doesn’t necessarily mean guilt. Possession is defined as:

• Actual possession: The drug is found on your person.
• Constructive possession: The drug is in a location you control (e.g., a glovebox), and there is evidence you knew it was there.

Intent, knowledge, and control must all be proven by the prosecution beyond a reasonable doubt.

Categories of Controlled Substances

Drugs in Texas are classified into Penalty Groups, and each group carries its own sentencing guidelines:

• Penalty Group 1 – Includes cocaine, heroin, methamphetamine
• Penalty Group 1-A – LSD and related hallucinogens
• Penalty Group 2 – Ecstasy, PCP, synthetic cannabinoids
• Penalty Group 3 – Valium, Xanax, Ritalin
• Penalty Group 4 – Compounds with codeine or morphine

The severity of a possession charge is closely tied to the amount and type of substance involved. A Georgetown drug possession lawyer can carefully evaluate these elements to determine the best defense strategy.

What are the Penalties for Drug Possession in Texas?

Drug possession is a serious crime in Texas. If you are convicted of drug possession, you could face severe penalties, including jail time, fines, and a permanent criminal record. The penalties for drug possession depend on the type of drug, the amount of the drug, and whether you have any prior drug convictions.

Drug possession penalties in Texas include:

• Class D felony – Up to 6 years in prison and a fine of up to $10,000
• Class C felony – Up to 10 years in prison and a fine of up to $10,000
• Class B felony – Up to 20 years in prison and a fine of up to $15,000
• Class A felony – Up to 30 years in prison and a fine of up to $15,000

Convictions for drug possession can further affect one's personal and professional life beyond the immediate legal penalties. Individuals may find themselves ineligible for certain jobs, professional licenses, or educational opportunities. Understanding the long-term implications of a conviction is essential, as is acting swiftly to minimize these consequences. Our firm focuses on mitigating these impacts by exploring all avenues for defense and relief, including expungement opportunities where applicable.

What are the Potential Drug Possession Defense Strategies Our Georgetown Attorney Can Use?

There are several defense strategies that can be used to fight drug possession charges. The best defense strategy will depend on the specific circumstances of your case. Our drug possession attorneys in Georgetown will carefully review the evidence against you and develop a defense strategy that is tailored to your unique situation.

Some common defense strategies in drug possession cases include:

• Illegal search and seizure – The Fourth Amendment to the U.S. Constitution protects you from unreasonable searches and seizures. If the police violated your constitutional rights by conducting an illegal search, any evidence obtained during the search may be inadmissible in court.
• Constructive possession – To be convicted of drug possession, the prosecution must prove actual or constructive possession of the drugs. If the drugs were found in a shared area, it may be difficult for the prosecution to prove possession.
• Unknowing possession – If you did not know that the drugs were in your possession, such as if someone planted them without your knowledge, you may be able to use this defense strategy.
• Missing drugs – The prosecution must prove that the drugs that were seized are the same drugs that were tested. If the drugs are missing, it may be difficult for the prosecution to prove that you were in possession of the drugs.

In addition to these strategies, it's essential to assess the credibility of the evidence and the consistency of witness testimonies. Our lawyers are skilled at identifying discrepancies and weaknesses in the prosecution's case that could be leveraged in your favor. We also explore potential plea deals if they offer a strategic advantage, though our priority remains defending your innocence and rights vigorously should a trial ensue.

What are Your Rights During a Drug Possession Case?

If you are charged with drug possession, you have several important rights. It is important to understand these rights and how they can be used to protect you in a criminal case.

Your rights if you are charged with drug possession include:

• The right to remain silent – You have the right to remain silent if you are charged with drug possession. You do not have to answer any questions from the police or the prosecution. Anything you say can and will be used against you in court, so it is important to exercise your right to remain silent.
• The right to an attorney – You have the right to an attorney if you are charged with drug possession. It is important to exercise this right and hire an experienced drug possession lawyer in Georgetown to represent you. Your attorney will protect your rights and help you build a strong defense.
• The right to a fair trial – You have the right to a fair trial if you are charged with drug possession. This means that the prosecution must prove your guilt beyond a reasonable doubt. If the prosecution cannot meet this burden of proof, you cannot be convicted of drug possession.
• The right to confront your accuser – You have the right to confront your accuser if you are charged with drug possession. This means that you have the right to cross-examine the prosecution’s witnesses and challenge the evidence against you.

Understanding these rights and the correct way to invoke them is crucial. An informed response can significantly influence the outcome of your case. Our team strives to empower clients with the knowledge needed to navigate interactions with law enforcement and the judicial system effectively. By aligning with us, you ensure that your rights are vigilantly upheld, and your response strategy is both proactive and defensive.

What Is the Court Process for Drug Possession?

The court process for drug possession can be complex and confusing. If you have been charged with drug possession, it is important to have an experienced drug possession lawyer in Texas on your side. Your attorney will guide you through the court process and help you make informed decisions about your case.

The court process for drug possession in Texas includes the following steps:

• Arraignment – The first step in the court process is the arraignment. At the arraignment, you will be formally charged with drug possession and advised of your rights. You will also have the opportunity to enter a plea. If you plead not guilty, your case will proceed to the next step in the court process.
• Pretrial motions – After the arraignment, your attorney will have the opportunity to file pretrial motions. Pretrial motions are legal documents that ask the court to take certain actions in your case. For example, your attorney may file a motion to suppress evidence if the police conducted an illegal search and seizure. If the court grants the motion, the evidence will be inadmissible in court.
• Plea bargain negotiations – After the pretrial motions have been filed, your attorney will have the opportunity to negotiate a plea bargain with the prosecution. A plea bargain is an agreement between the prosecution and the defense that resolves the case without going to trial. If you agree to a plea bargain, you will plead guilty to drug possession in exchange for a reduced sentence or other favorable terms. Our drug possession lawyers in Georgetown are skilled negotiators who will fight for the best possible plea bargain in your case.
• Trial – If you cannot reach a plea bargain agreement, your case will proceed to trial. At trial, the prosecution will present evidence to prove your guilt beyond a reasonable doubt. Your attorney will have the opportunity to cross-examine the prosecution’s witnesses and challenge the evidence against you. Your attorney will also have the opportunity to present evidence and call witnesses on your behalf. After both sides have presented their cases, the jury will deliberate and decide whether you are guilty or not guilty of drug possession. If the jury cannot reach a unanimous decision, the judge may declare a mistrial and your case may be retried.
• Sentencing – If you are found guilty of drug possession, your case will proceed to the sentencing phase. At sentencing, the judge will consider several factors, including the type of drug, the amount of the drug, and whether you have any prior drug convictions. The judge will also consider any mitigating factors, such as your age, your criminal history, and your involvement in the community. The judge will then impose a sentence, which may include jail time, fines, probation, and other penalties.

Our drug possession attorneys in Georgetown are skilled litigators who are not afraid to take your case to trial. We will fight to protect your rights and your future every step of the way.

Call (512) 961-4555 or contact us online now to speak with our Georgetown drug possession defense lawyers about your case.

FAQs About Drug Possession in Georgetown

What Should I Do If Arrested for Drug Possession?

Upon arrest, staying calm and exercising your right to remain silent is crucial. Avoid making statements to law enforcement without your attorney present, as anything you say can be used in court. Contact a drug possession attorney in Georgetown immediately to evaluate your situation and begin the defense process. Documenting the details of your arrest and any interactions with police can also aid your defense attorney in building a more comprehensive strategy.

Are There Alternatives to Jail Time for Drug Possession Offenses?

In Georgetown, and greater Texas, there are alternative sentencing options available for drug possession offenses, especially for first-time or nonviolent offenders. Diversion programs, for example, may divert eligible offenders into rehabilitation or community service activities instead of jail. Successfully completing these programs often leads to reduced penalties or even dismissal of charges. Legal representation can be instrumental in negotiating for such alternatives, leveraging factors like your background and willingness to seek treatment or education.

How Quickly Should I Hire a Lawyer After a Drug Possession Charge?

When facing drug possession charges, time is of the essence. The sooner you hire a lawyer, the sooner they can start protecting your rights and preparing your defense. Early intervention can make a significant difference, especially in securing evidence that may be time-sensitive or ensuring all procedural rights are fully observed from the outset. Delays in seeking legal assistance can jeopardize your defense, particularly if you're dealing with complex issues such as illegal searches or potential plea negotiations.

Can a Drug Possession Charge Be Dismissed?

While challenging, drug possession charges can sometimes be dismissed through various defense strategies. These might include proving violations of search and seizure laws or demonstrating insufficient evidence. The dismissal process often involves a comprehensive legal scrutiny of all pre-arrest procedures and the legitimacy of the charges against you. Employing a knowledgeable drug possession lawyer increases your chances of achieving a favorable outcome, as they can navigate the nuances of local laws and court tendencies effectively.

How Does Local Georgetown Law Enforcement Handle Drug Cases?

Local law enforcement in Georgetown, operating within Williamson County, is known for enforcing strict compliance with state drug laws. Officers are trained to handle drug-related offenses aggressively, including utilizing task forces aimed at curbing local drug activity. This often means thorough investigations and a readiness to prosecute. Understanding these local enforcement strategies is crucial for developing a defense, as it informs how evidence has been collected and how the prosecution may proceed with their case.

Is it Possible to Expunge a Drug Possession Conviction?

For those convicted of drug possession, exploring options for expungement or record sealing can be a critical step toward moving forward. While expungement completely removes an arrest or conviction from your record, sealing your record restricts access, which can still greatly improve future employment and housing opportunities. However, these possibilities depend on multiple factors such as the nature of the conviction and whether you have fulfilled all conditions of sentencing.

Our team assists clients in understanding and navigating the expungement process in Texas. For example, under certain conditions, first-time offenders may be eligible for deferred adjudication, which upon successful completion can result in dismissed charges eligible for nondisclosure. By understanding your eligibility and guiding you through this process, we aim to restore normalcy to your life, helping to remove the lingering burden of a criminal record.