A lawyer can help you understand the law and your rights related to drug possession. They can also help you build a defense and negotiate with prosecutors. If you are convicted of drug possession, a lawyer can help you minimize the consequences.
If you can prove that there is no probable cause for an arrest, you can move on home free and get your possession charges dropped. This involves a lot of research and the representation of a criminal defense attorney. However it is something that is very possible to do with the help of a good lawyer.Nov 10, 2021
There are numerous defenses that can be used against drug possession charge, including:Claiming the drugs belong to someone else.Asserting that the drugs were searched for illegally.Showing that the accused is the victim of entrapment.Forcing the prosecution to prove the alleged illicit substance is actually a drug.
The maximum sentences for possession of each class of drug are: up to seven years in prison or an unlimited fine (or both) for a Class A drug. up to five years in prison or an unlimited fine (or both) for a Class B drug. up to two years in prison or an unlimited fine (or both) for a Class C drug.
Fight Drug “Possession” to Get the Charge Dismissed. Before conviction, the prosecutor must prove that the defendant was in knowing and intentional possession of drugs. Drug possession can be actual, joint, and/or constructive possession. These are legal terms you'll only see in the court setting.Aug 26, 2021
WHAT ARE THE MOST COMMON DRUGS INVOLVED IN DRUG POSSESSION CASES? Common drugs that are usually involved in drug possession cases are cocaine, marijuana or weed, crack cocaine, methamphetamine or meth, heroin, opium, ecstasy, LSD, PCP, and psilocybin mushrooms.
What are Some Defenses to Drug Crimes? The most common defenses to drug crimes are unwitting possession, illegal search and seizure, police abuse of power, and medical marijuana (legal use). Unwitting possession refers to a person possessing a drug with no knowledge of doing so.Jan 16, 2020
A Substance Misuse Court is aimed at offenders who commit crimes related to their drug or alcohol abuse. It allows a judge to send them on an intensive treatment programme, before sentencing, to help them beat their addictions and change their behaviour.
There are two different types of drug possession: actual possession and constructive possession. Actual possession means having the substance in their physical possession or control.
The 6 Classifications of Drugs. When considering only their chemical makeup, there are six main classifications of drugs: alcohol, opioids, benzodiazepines, cannabinoids, barbiturates, and hallucinogens.
Penalty Group 1:WeightClassification for PossessionPenalty for Possession4-200G2nd Degree Felony2 to 20 years in prison & possible fine not to exceed $10,000200-400G1st Degree Felony5 to 99 years in prison & possible fine not to exceed $10,000>400GEnhanced Felony 110 to 99 years in prison & fine not to exceed $100,0002 more rows•Jun 24, 2020
If you have never been convicted of a felony before, then Texas law mandates that the Judge must give you probation. In addition, even if you have been arrested of a felony drug charge before and even if you have a previous 12.44a, the Judge still must give you probation even if the State does not want to agree.
One of the most common ways to dismiss drug paraphernalia charges from a record is to prove that probable cause didn't exist. If a police officer pulled you over without stop or seizure of your person. The drug charge, in all probability, will be dismissed.