Texas is well-known for its strict and harsh drug possession laws. But does that mean it will always result in a felony? Well, it depends on many factors. This is why it is essential to understand everything about drug possession. If you don’t have the facts right, it will leave a massive impact on your life.
So, what are the plausible scenarios where you can give a good fight against the drug possession arrest? But before that, let’s understand the legalities around drug possession in Texas.
Decoding Penalty Groups
The Texas Controlled Substances Act regulates controlled substances, a part of the Texas Health and Safety Code. It divides all controlled substances into six different categories, often referred to as “penalty groups.” These are:
- Penalty Group 1
- Penalty Group 1-A
- Penalty Group 2
- Penalty Group 2-A
- Penalty Group 3
- Penalty Group 4
The punishment varies in every group. But generally, Group 1 carries the most severe penalties, with group 4 being the less severe of all.
Factors That Will Guarantee You a Conviction
As per Texas law, the prosecutor can only prove your crime if he/she can validate that:
- You exercised control or managed the said controlled substance.
- You knew that the possessed substance was illegal.
In other words, you can be charged if you knowingly and intentionally had access to the illegal substance. However, a mere charge won’t always result in a conviction. So, how can you free yourself from the possible drug possession charges? Let’s find out now!
Factors That Will Help You Present a Strong Case
Imagine this. The law enforcement officers charged you with drug possession in Galveston. However, as per the Galveston drug crime lawyer, your lawyer can present a strong case in your favor if you fall under the following criteria. These include:
- If the law enforcement officers used unconstitutional methods for search and seizure. For instance, the officers did not see anything on the dashboard, but still, they insisted on checking your locked trunk.
- If they did not mention Miranda Rights. According to the right, you can say you wish to remain silent during interrogation.
- They did not send your samples for testing procedures to prove you were mishandling the drugs in question.
- There was no evidence, i.e., drugs, to prove the crime.
What next? Here are the series of steps that you must follow to get out of the drug possession case.
First steps- Hire a lawyer
Whether you are still under investigation or are facing drug possession charges, hiring a drug crime lawyer will help you devise the proper roadmap. Someone with the right expertise and experience can get things on track.
Make Sure to Talk to Only an Attorney
While you need to share the name, DOB, or address with the law enforcement officers, you don’t have to provide answers to any of the questions. Remember, false confessions can lead to convictions. So, let your attorney intervene instead.
Know What to Say to Police
The best thing you can do under such circumstances is to notify the police that you would like a lawyer. Saying anything else, such as you don’t know anything or things like “you’re not involved,” might make your chances slim.
Texas is getting more brutal when it comes to drugs. But, you’ve all the right to ask for a fair representation. An attorney understands the laws and your position to provide you with the best advice for a better outcome.
So, make sure you contact one right away!