In Houston, drug-related charges are some of the most common reasons for which our Houston clients sometimes find themselves standing in front of a Houston criminal court judge. The well-documented problems that exist with drug trafficking across our border from Mexico makes the attention paid to drug crimes uniquely heightened in our state of Texas. Specifically, Houston is considered a major drug corridor from which drugs from Mexico are distributed throughout the United States.  From the moment that you are accused of a drug-related offense in Houston, you need to make hiring an experienced Houston criminal defense lawyer your first priority.

Drug possession is a serious criminal charge in Texas carrying a wide range of punishments from probation to lengthy prison sentences, depending on the amount of the drug and your intent in possessing the drug. If you are charged under the possession law, it means the state has accused you of carrying or having access to a controlled substance such as marijuana, cocaine, or ecstasy.

The police can charge you with drug possession if they find drugs in your pockets or anywhere else on your body, or they can charge you under a claim of “constructive possession.” That means the drugs were in a place that you normally control or could easily reach. That could be your car, your apartment, or the cushions of a couch where you were sitting when the police entered.

A conviction on drug possession charges could have serious implications for you because of the possibility that you might have to go to jail and pay stiff fines reaching into the thousands of dollars, as well as the possibility the police may seize your car or other property. Drug possession charges can also keep you from certain jobs and professional licenses.

Drugs in Texas

The Texas Health and Safety Code controls when discussing drug related charges in Texas.  In Texas, the law divides controlled substances into five penalty groups. While some of the substances are legal, it is illegal to possess certain drugs without a prescription. The law establishes the punishments for illegal possession of narcotic drugs as well as prescription drugs.

Penalties for Drug Possession in Texas

Whether you are charged with felony possession or misdemeanor possession depends on the penalty group and the weight or amount of the drug.  As shown below, the drug possession penalties in Houston are complicated and depend on the classification and the quantity of the illegal substance.

The state of Texas can also suspend your license for up to 1 year following a conviction on any violation of the Texas Controlled Substances Act.

Furthermore, the Code of Criminal Procedure also allows Houston police to seize any property used or “intended to be used” in the commission of a drug felony. That means that the Houston Police Department can take your car, your home, or any other belonging where you are accused of carrying or hiding drugs. In Texas, asset forfeiture law is a civil action, not criminal, and you don’t have to be convicted of a crime for the state to try to take your property.

In Houston, things get even more complicated and serious if you have a prior drug conviction and are facing a 2nd or 3rd charge for drug possession. Please call to speak to one of our Houston drug offense attorneys to determine what penalties you may be facing in Houston criminal court if convicted and how you can the charges.

In Houston, will I have to go to jail on my Drug Possession Criminal Charge?

In Houston, the possible sentence with regards to drug charges largely depends on the amount of drugs involved and your previous criminal conviction history.  In Houston, however, it is very possible you may not have to serve time for a drug possession conviction if it’s your first offense for a relatively small amount (less than one gram).

State possession law allows counties to set up diversion programs for people charged with crimes involving the use or possession of drugs, including marijuana. The state health code also requires any county with a population of more than 200,000 to establish a drug court program to send some drug offenders to treatment instead of jail. Furthermore, in Texas, judges are required to give some type of probation in some drug possession cases (though they can still give you jail therapy as a condition of probation).  However, the judge does not have to sentence you to probation if you have been convicted of a previous felony.

In Houston, when considering all of the state criminal laws you have to remember that the state must first prove a drug possession charge beyond a reasonable doubt before you can be convicted and sentenced.   Let the experienced and aggressive Houston drug offense attorneys at Midence & Skillern help you fight your case and defend your rights.

No matter how minor you believe the charge to be Texas is strict concerning its drug laws and even a first-time offender may find himself behind bars.  You need a Houston criminal defense lawyer who is knowledgeable and experienced concerning both federal and state drug laws. Specifically, make sure you are working with a Houston criminal defense lawyer who will be aggressive in unveiling instances of illegal search and seizure or police misconduct.

Possession of Drug Paraphernalia

In Houston, possession of any item that can be used as a drug processing, packaging, or consumption mechanism can be defined as paraphernalia under 481.002 (17) of the Texas Controlled Substances Act. Even common household items such as scales, spoons, bowls, envelopes or bags can land you an illegal possession of paraphernalia charge. The most common paraphernalia charges result from pipes, and bongs used to smoke marijuana. Possession of drug paraphenelia is a class C misdemeanor which may result in as much as a $500 fine.