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A: While first-time drug offenders in Texas may face jail or prison time, it is also possible for them to avoid incarceration the first time around.
Texas Laws and Penalties OffensePenaltyIncarceration 2 oz or less Misdemeanor 180 days 2 - 4 oz Misdemeanor 1 year 4 oz to 5 lbs Felony 180 days - 2 years 5 - 50 lbs Felony 2 - 10 years33 more rows
How do you beat drug charges in Texas? Argue unlawful search and seizure. Argue that you weren't actually in possession of drugs. Claim a lack of knowledge or intent. Argue entrapment or duress. Make them prove that you had an illegal substance.
The Writ of Possession allows for the possession of the property, after a deputy has posted written notice notifying the tenant a writ has been issued. By law, we are required to give a minimum of 24 hours notice before enforcing the writ.
Here are some strategies that you and your attorney can use to prove that the drugs found in your house were not yours: Lack of knowledge. If you had no knowledge of the drug's presence and can prove that the drugs were not yours, you may have a strong defense. Lack of control. Real owner.
Federal Drug Mandatory Minimum Sentences for Possession For possession, you won't be required to serve a mandatory minimum sentence, unless you have a prior drug conviction from federal or another state jurisdiction, then you'll be sentenced to no less than 15 days of incarceration with a maximum of up to two years.
Getting Drug Possession Charges Dropped Under the right circumstances, with the help of a skilled drug crime lawyer, it can happen. One of the most common ways that charges could be dropped is if some of the prosecution's evidence was obtained in an unlawful way or handled unlawfully.
Forensic Evidence: Chemical analysis of drugs: Forensic chemists use a range of testing procedures to identify the types and amounts of illegal drugs. Fingerprint and DNA analysis: If fingerprints or DNA are found at the crime scene, they can be directly linked to the suspect.