Drug Possession Lawyer Arlington TX
Drug Possession Lawyer FAQ: What are some defenses used in a drug possession charge?
If you or a loved one has been arrested with drugs, talk to a top drug possession lawyer Arlington TX has to offer. Texas has very strict laws prohibiting the possession of controlled substances. Punishment for possession of a controlled substance can be anywhere from 180 days in county jail all the way up to life in prison depending on the drug and the amount of the drug in your possession. In Texas, the Texas Health and Safety Code divides controlled substances into five groups. Possession of each of these groups carry different penalties.
In order to know what penalty you are facing with a drug possession charge, you need to know whether you have been charged with felony possession or misdemeanor possession. A respected drug possession lawyer Arlington TX counts on can help you through this process. Punishment for felony possession ranges from 180 days in a state jail to life in a Texas Department of Criminal Justice Prison. Punishment for misdemeanor possession ranges from a fine to up to one year in county jail.
The amount of the drug that you are possessing affects your sentence range, and so does the type of drug. Under the Texas Health and Safety Code, drugs in Texas are divided into four penalty groups. A drug possession lawyer Arlington TX is proud to have fighting for you can help explain the different categories during a free consultation. Essentially, the Possession of drugs in Penalty Group 1 has the longest sentences, while drugs in Penalty Group 4 have the shortest sentences for possession. Drugs in Penalty Group 1 consists of cocaine, heroin, methamphetamine, ketamine, oxycodone, and hydrocodone. Penalty Group 1A consists of LSD (Lysergic Acid Diethylamide). Penalty Group 2 consists of ecstasy, PCP (phencyclidine) mescaline, and marinol. Penalty Group 3 consists of valium, Xanax, Ritalin, and hydrocodone. Penalty Group 4 consists of Dionine (morphine), motofen, buprenorphine (an opioid) and pyrovalerone. Marijuana is not included in the Penalty Groups. Punishment range for possession of marijuana ranges from a class b misdemeanor for possession of less than two ounces, to a first-degree felony for possession of over 2,000 pounds.
If you are in need of a drug possession lawyer Arlington TX trusts, contact Brandy Austin Law Firm today.The punishment for possession can be increased if there are aggravating factors. An aggravating factor can be possession of less than two ounces of marijuana in a school zone. Punishment can also be enhanced if you are a “habitual offender”. A person can be considered a habitual offender if he or she has two or more qualifying felony convictions.
Drug possession can have serious immigration consequences. For people who are lawful permanent residents, conviction of most drug offenses other than possession of less than 30 grams of marijuana can trigger deportation. For undocumented immigrants, any drug offense will trigger deportation. A respected drug possession lawyer Arlington TX believes in can help you defend your liberty. For lawful permanent residents, a conviction for drug possession can also cause a person to be ineligible for United States citizenship.
Fourth Amendment Rights Violation
One of the first things an Arlington, TX drug possession lawyer from Brandy Austin Law Firm might do is determine whether or not there were any Fourth Amendment Rights violations, as well as whether law enforcement complied with the rules pertaining to search and seizure. If it is discovered the drugs or other incriminating evidence was found, but only through unlawful search and seizure, your lawyer may argue that the evidence cannot be admissible in court. For example, if you were pulled over at random, and the police officer opened your trunk, with no good reason or probable cause, and found drugs, it could be a Fourth Amendment right violations. In another example, if police came to your house and searched it without a warrant or your expressed permission to do so, it may be considered an illegal search.
Proving the Drugs Were Yours
It is possible that your Arlington, TX drug possession lawyer will argue the drugs did not belong to you and rather an unknown person. It could be proposed the drugs were planted in your home or vehicle and you had no idea of their existence. Bare in mind it is highly unlikely that a lawyer will claim that police planted the drugs; this is because an allegation like this may not be taken seriously in a court.
Mistakes in a Crime Lab
A crime lab may analyze the drugs seized for your person, vehicle, or car. As mistakes do happen in a lab environment, a lawyer may review the analysis records to look for any errors. In some cases, by the time of a trial, the drugs are no longer in evidence, have been lost, or misplaced. The credibility and professionalism of the lab, or existance of the drugs, could be questioned by your drug possession lawyer from the Arlington, Texas area.
Lack of a Search Warrant
In order for police to legally search your home, they must obtain a search warrant. Furthermore, they must strictly follow the search warrant and only search in places that are stated within. If the police did not have a warrant, it was not valid, or they executed it improperly, a lawyer could use this to your defense.
The above defenses are the most common ones utilized by a drug possession lawyer in the Arlington, TX area. Additional defenses may include:
– The drug was not in plain sight
– There was an illegal patdown to find the drug
– The search of your car or home by a drug dog was illegal
– There were violations to the right to legal counsel
– There were violations to the chain of custody
– Illegal police activity occurred
– Your drug possession involved a valid prescription
– There has been entrapment by a police officer
– You were not read your Miranda Rights
– You have been assaulted by police officers
– You believe you were targeted and discriminated against
If you have been charged with a drug possession charge in Arlington, TX, a good drug possession lawyer may be able to utilize various defenses depending on the circumstances of your arrest and case.
Brandy Austin Law Firm will review your case and discuss the best possible strategy to fight your drug possession charges. For a consultation with a drug possession lawyer, please call our office today.
A conviction for drug possession is very serious. You need an experienced criminal defense attorney to fight for you, and to ensure that your rights are protected. The Arlington criminal defense attorneys of the Brandy Austin Law Firm, PLLC will fight to ensure that your rights are protected during this trying time. We will use our years of experience and knowledge to make sure that the police followed all legal procedures when preparing and filing the charges against you. The drug possession lawyer Arlington TX is proud to have will fully investigate the allegations made against you. If working together and examining the evidence, you determine that it is in your best interest to have a jury hear your case, we will defend you aggressively and make sure that the jury hears your side of the story. If we determine together that it is in your best interest to accept a plea offer from the district attorney, we will work hard to ensure that you receive the best deal possible. Victory in a criminal defense case can mean many different things, and the Arlington criminal defense attorneys of the Brandy Austin Law Firm, PLLC are committed to pursuing the best course of action for your situation. If you find yourself being charged with drug possession, please call the respected drug possession lawyer Arlington TX believes in at the Brandy Austin Law Firm, PLLC at 817-841-9906.
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