Odessa Drug Possession Lawyers

What Does "Possession" Mean Under Texas Law?

Under Texas law, possession means having actual care, custody, control, or management of a controlled substance. This can include having drugs in your clothing, bags, home, vehicle, or any location where you exert control. Even if the drugs are not physically on your person, you can still face possession charges if they are found in an area over which you have authority or easy access.

How is Drug Possession Charged in Texas? 

Possession charges in Texas vary based on the type and amount of the controlled substance as laid out in the Drug Schedules under Texas law. The penalty group, quantity, and circumstances of the possession (such as proximity to a school) significantly impact the severity of the charge.

• Penalty Group 1 drugs (e.g., cocaine, heroin): Possession of less than one gram is a state jail felony, carrying potential penalties of 180 days to 2 years in state jail and fines up to $10,000.
• Penalty Group 2 drugs (e.g., Ecstasy, PCP): Possession of less than one gram is a state jail felony.
• Marijuana: Less than two ounces is a Class B misdemeanor, with penalties of up to 180 days in jail and fines up to $2,000.
• Prescription drugs: Possession without a valid prescription can lead to differing charges depending on the type and amount.

Potential Penalties for Drug Possession in Texas

Drug possession penalties can be severe, depending on the type and quantity of drugs found. You may face fines, incarceration, a license suspension, and probation upon a conviction. Fines can range from a few hundred dollars to thousands, while incarceration can range from several months to multiple years. 

Probation is common with court-mandated timeframes during which you must comply with strict conditions or face additional consequences. If your possession charge consists of being caught with drugs in your vehicle or driving while impaired by drugs, you can face a license suspension. 

Texas Drug Diversion Programs

Drug diversion programs are available for individuals charged with drug possession in certain circumstances. These programs provide an alternative to incarceration by offering eligible offenders the opportunity to participate in treatment, education, or rehabilitation programs instead of facing traditional criminal penalties. 

• By completing a drug diversion program, individuals may have the chance to avoid a criminal conviction on their record and receive support to address underlying substance abuse issues. One of these programs is the Texas Drug Court, a court docket focusing on substance abuse cases. 

The primary goal of Texas Drug Courts is to address the root causes of criminal behavior related to substance abuse, reduce recidivism rates, and promote long-term recovery and rehabilitation. Our firm can assist those who qualify for potential referral to such a program.

What Should You Do If You Are Charged with Drug Possession?

Being charged with drug possession can be an overwhelming and frightening experience. Here are a few steps to take if you are charged: 

• First Step: The first and most crucial step is to remain calm and avoid making any statements to law enforcement without legal representation. Anything you say could potentially be used against you in court. Instead, politely decline to answer questions and request to speak with an attorney.
• Second Step: Next, contact a skilled drug possession defense lawyer who can guide you through the legal process. An experienced attorney will review the evidence against you, examine the circumstances of your arrest, and identify any potential violations of your rights. They will also help you understand the charges you face and the possible consequences, which may range from fines to imprisonment.
• Third Step: Gather any relevant documentation or evidence related to your case, such as medical records, proof of prescription (if applicable), or witness statements. This information can be critical in building a defense strategy. Your attorney will help you determine the best approach, whether it involves challenging the legality of the search and seizure, arguing that the drugs were not yours, or negotiating a plea deal. 

It’s also important to avoid any actions that could worsen your situation, such as engaging in illegal activities or violating bail conditions. Following your lawyer’s advice and attending all court hearings is essential to demonstrating your commitment to resolving the charges.

Possible Defenses for drug possession in Odessa

Facing drug possession charges in Odessa can be daunting, but understanding the available legal defenses can provide hope and direction. Here is a detailed list of possible defenses that can be employed to challenge drug possession allegations:

• Illegal Search and Seizure: This defense argues that the police conducted an unlawful search or seizure in violation of the Fourth Amendment. If the contraband was discovered during an illegal search, the evidence can be suppressed, meaning it cannot be used in court.
• Lack of Possession: The prosecution must prove that the defendant knowingly and intentionally possessed the controlled substance. This defense contends that the accused did not have control over the drugs or was unaware of their presence.
• Chain of Custody Issues: This defense challenges the handling and documentation of the evidence from the time of seizure to its presentation in court. Any gaps or errors in the chain of custody can raise doubts about the integrity of the evidence.
• Entrapment: Entrapment occurs when law enforcement induces a person to commit a crime they otherwise would not have committed. This defense claims that the defendant was coerced or misled into possessing drugs.
• Medical Necessity: In specific circumstances, a defendant might argue that possessing the drug was necessary for medical reasons, particularly if the substance is prescribed for a legitimate health condition.
• Mistake of Fact: This defense asserts that the defendant was mistaken about a crucial fact, such as believing the substance was legal or something else entirely.
• Duress: Duress involves being forced to commit an illegal act under threat of harm. This defense argues that the defendant possessed drugs to avoid imminent danger.

Each defense strategy requires thorough preparation and a deep understanding of the legal nuances involved. Consulting with an experienced criminal defense attorney is crucial to evaluate the specifics of the case and to craft a defense that offers the best chance of a favorable outcome in court.