Wrongful Possession Of A Controlled Substance In Dallas
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FAQ
In some cases, a defense attorney can file pretrial motions to dismiss charges before the case even goes to trial. These motions challenge the legal foundation of the charges, arguing that they lack sufficient evidence or that they were filed improperly.
Lack of Knowledge If you can show that you did not know about the illegal substances, the prosecution may not prove that you intentionally possessed or distributed drugs. Lawyers may use defense in possession cases where someone may claim that they did not know they possessed the drugs.
Getting arrested for a drug offense in Texas for the first time doesn't always mean you'll end up behind bars. In many cases, first-time offenders may qualify for probation, deferred adjudication, or diversion programs that can keep a conviction off your record.
Consequences for Possessing Group 1 Substances Less than one gram: State jail felony, punishable by up to two years in state jail and a fine of up to $10,000. One to four grams: Third-degree felony, carrying a prison sentence of two to ten years and fines reaching $10,000.
Possessing even a small amount of THC can lead to severe legal consequences in Texas. It is important to note that possession of other substances, such as 1 pound of or 5 grams of Marijuana, also carries legal implications, but the punishment for possession of 1 gram of THC is considered the harshest in Texas.
What is the statute of limitation for Possession of Controlled Substance in Texas? Misdemeanor level Possession or Delivery of Drug Paraphernalia charges have a two-year limitations period. Felony level offenses have a three-year limitations period.
Penalties for illegal drug possession Class A misdemeanor — jail sentences of 180 days to 1 year and/or fines of up to $4,000. State jail felony — jail confinement of 180 days to 2 years and/or fines of up to $10,000. 3rd-degree felony — federal prison sentence of 2 to 10 years and/or fines of up to $10,000.
Whether your constructive possession case involves illegal drugs, firearms, or anything else, the penalties can be detrimental. You could face fines, probation, imprisonment, and more, not to mention the hardships that can come from having a criminal record.
Generally, for a court to find that a person had constructive possession of an object, the person must have had knowledge of the object, and as well as the ability to control it. For example, someone with keys to a safe deposit box may have constructive possession to the contents of that box.
Texas Penalty Groups PossessionPenaltyIncarceration Less than 1 gram State jail felony 6 months to 2 years 1 to 4 grams 3rd-degree felony 2 to 10 years 4 to 400 grams 2nd-degree felony 2 to 20 years More than 400 grams 1st-degree felony 5 to 99 years
