Drug Possession Defense in Dallas, TX
Although drug possession charges are relatively common, they can be potentially devastating for those who are facing them in the Dallas area. The effects of a possession charge or conviction on your record can wreak havoc on your relationships and severely curtail your future professional options. You can also face jail charges and be charged thousands of dollars in fines.
For these reasons, it is a good idea to retain legal representation as soon as possible if you are facing or think you will soon be facing drug possession charges. The earlier you have an effective and skilled attorney like John M. Cook representing your interests, the higher the likelihood for a good outcome.
Illegal drugs you can be criminally charged for in Texas
The Texas Controlled Substances Act divides controlled substances into five different penalty groups and has a special marijuana category. Some of the substances in the groups are legal if you have a prescription, but the Act establishes punishment for the illegal possession of prescription drugs.
Penalty Group 1 is the most common and includes cocaine, heroin, methamphetamine, GHB, ketamine, hydrocodone, and oxycodone (Group 1A contains LSD). Penalty Group 2 includes Ecstasy (also referred to as Molly or MDMA), mescaline, PCP, hashish, wax, and concentrates (but not marijuana). Penalty Group 3 includes Ritalin, Valium, and Xanax. Penalty Group 4 includes compounds that contain Motofen, Dionine, Buprenorphine, or Pryovalerone.
Drug penalties you could be facing
Whether you are charged with felony possession or misdemeanor possession depends on the penalty group and the weight or amount of the drug. Charges are serious though, with smaller amounts resulting in state jail felonies, which carry sentences of 180 to two years in state jail and a possible fine of up to $10,000 for amounts of under a gram, and the largest amounts resulting in enhanced first-degree felonies, with jail terms of 10 to 99 years and fines of up to $100,000.
In addition to criminal penalties for drug possession, Your driver's license will also be suspended by the state of Texas for six months following a conviction of any violation of the Texas Controlled Substances Act. Texas’ Code of Criminal Procedure also allows for the police to seize any property that has been used, is being used, or is intended to be used in the commission of a drug felony. Property subject to seizure includes your car, your home, and any other belongings where you are accused of hiding or carrying drugs. This is civil asset forfeiture, meaning no criminal conviction is even necessary for the State to invoke this.
