Felony Lawyer – Arlington, TX
Being in possession of certain illegal drugs may be treated as a misdemeanor or felony charge, depending on the circumstances, drug type, and quantity. Either charge should be taken seriously, but the risk of a felony conviction should be approached with particular care. If you or someone you care about has been arrested for a drug possession charge, it is highly recommended that you obtain legal help right away. An Arlington, TX criminal defense lawyer can create a defense strategy with the aim of reducing the intensity of the consequences, if getting the charges dropped altogether isn’t possible.
Q: Why is the type and amount of drug important?
A: A person can face a felony drug possession charge if they were in possession of and had a quantity of a specific illegal substance. The quantity of the drug is often more important when deciding whether the accused will have a misdemeanor or felony drug charged against them. If the person had a substantial quantity in his or her possession, then the court may think that selling or distribution was planned or already has happened. An experienced Arlington, TX felony lawyer can explain how the drug type and quantity related to your situation may impact your case.
Q: What if the drugs were for personal use?
A: Drugs that are intended for personal use usually inspire lesser charges, compared to possession with an intent to sell. If the person was only using it for personal use, then the court may view this as he or she is a victim to themselves. However, a seller of a substance doesn’t only harm themselves, they can hurt many others — which is why the punishments can be much steeper for distribution. However, it remains critically important to seek legal guidance from an Arlington, TX felony lawyer, even if the drugs found in your case were intended for personal use.
Q: If it was personal use can I get out of a felony charge?
A: Why is it so important to have a strong legal advocate on your side? Drug possession is a violation of laws, and even small amounts may be processed as a felony in states that have more strict regulations. States that are more tolerant of drugs may charge the person with a felony if very dangerous drugs were involved, such as cocaine or heroin. A person who pleads to only use the drugs for themselves but were found with a hefty amount of the substance, is unlikely to be believed by the court if the amount far exceeds what one person may take.
Q: What are examples of aggravating circumstances?
A: In most states, the prosecution may charge the accused with a drug possession felony if the violation of law included aggravating circumstances/factors. If there were no aggravating factors, then perhaps the drug possession would have been categorized as a misdemeanor. Every state has established a list of what is deemed an aggravating factor in their drug possession laws. An Arlington, Texas felony lawyer from Brandy Austin Law Firm, PLLC can explain how such factors are treated in Texas, specifically. Here are examples of the types of aggravating circumstances that may be present on that list:
- In possession of drugs on or near a school, while riding on a school bus, or while waiting at a school bus stop
- In possession of drugs while around or visiting swimming pools, public transportation, housing, recreational parks, or other public buildings
- In possession of drugs while near or in a drug treatment facility
- In possession of drugs while around a minor (under 18 years old)