How to Deal with Texas Drug Possession Charges

 Posted on April 25, 2024 in Criminal Defense

If you are charged with a crime, it is always something to be taken seriously. If it is a drug crime in Texas, you might face particularly harsh consequences. If you are charged in Texas with drug possession, you could even face serious penalties including jail time. That is why it is so crucial to have reliable legal representation to guide you through the process and ensure that you do not mistakenly incriminate yourself due to a lack of legal expertise. Fortunately, a skilled Austin, TX drug crimes defense lawyer can review your case, examine the prosecutor’s evidence, and consult you on the best way to protect yourself.

How is Drug Possession Punished in Texas

The state of Texas recognizes four classes of drugs, with marijuana having its own class. For every class of drugs, there is a different set of penalties if you are found guilty of possessing that drug.

Each class has a maximum penalty in terms of prison sentences and fines, but the severity of a conviction for any class is determined based on several factors, including any criminal history you may have, whether large sums of money or drug paraphernalia were found in your possession and the way the drug was being stored.

What Evidence Can the Judge Suppress?

The judge on your case can potentially grant your defense lawyer’s motion to suppress evidence. This can be for several reasons, including:

• There was no warrant when the evidence was collected.
• There was a warrant, but it was executed illegally.
• There was a warrant but no probable cause.
• Your Miranda rights were violated in the process of evidence being collected.
• The chain of custody for the evidence was faulty.

If the evidence is suppressed, it means the prosecution no longer has evidence against you and cannot prove you are guilty of the crime you are accused of. In such a case, the charges against you are likely to be dismissed. However, even if the above conditions are met, the judge might decide not to suppress the evidence if:

• You consented to a search even though there was no warrant.
• Someone else can provide the evidence that would have been suppressed through the defense’s motion.
• It can be demonstrated that law enforcement was unaware of mishandling evidence and was acting in good faith.

Speak with a Texas Drug Possession Defense Attorney

If you are being charged with drug possession, a qualified Austin, TX defense lawyer can help. At Morales Law Office, Attorneys at Law, PLLC., we have years of experience and a passion for protecting our clients’ rights. Call us at 512-474-2222 to schedule a free consultation.