When you are arrested in Texas for possession of a controlled substance, it’s imperative to understand the different factors that can influence how your case is prosecuted. In general, taking these charges seriously is critical, as the penalties you can face for drug possession in Texas are severe. If you’re facing these charges and don’t know what to expect or what steps you can take to help protect yourself in these matters, the following blog explores what you should know and why connecting with a Houston drug crimes defense attorney is in your best interest.
What Penalties Can I Expect if I’m Convicted of Drug Possession?
It’s important to understand that in Texas, the penalties you can face for drug possession will vary greatly depending on the type and amount of drug in your possession. Texas, like most states, has a classification system that certain drugs fall under to penalize those with drugs. Under this system, drugs are divided into penalty groups based on their likelihood of being abused. For example, cocaine, heroin, and ketamine are all Penalty Group 1 drugs because they are very likely to be abused and have no current accepted medical use in the United States.
If you are caught with a Penalty Group 1 substance you can face serious penalties. Based on the amount in your possession, you can incur the following:
- Less than one gram: State jail felony carrying 180 days to two years in prison
- Between one and four grams: Third-degree felony, between two and ten years in prison
- Between four and 200 grams: Second-degree felony, carries between two and twenty years in prison
- Between 200 and 400 grams: First-degree felony, 5 to 99 years in prison
- More than 400 grams: Enhanced first-degree felony, 10 to 99 years in prison
As you move further down the penalty group list, the penalties become less severe. However, the large majority of drugs will warrant felony charges, so it’s imperative to take these offenses seriously.
What Can I Do to Help My Case?
If you are arrested for possession of a controlled substance in Texas, it’s imperative to understand your rights as a criminal defendant. Unfortunately, many people assume that if you are arrested, there is nothing you can do, which is far from the truth. In reality, you have constitutional protections, so familiarizing yourself with them is imperative.
The first thing you should know is that under the Fifth Amendment of the United States Constitution, you do not have to speak with the police. When interacting with the police, you are only legally obligated to provide your basic information, like name, address, and date of birth. if you are questioned in relation to a crime, you should invoke your right to remain silent.
Next, you should note that you are protected from unreasonable searches and seizures. As such, unless the police have a search warrant or probable cause to believe a crime has occurred, you do not have to let them search your property. If the police search your property without a warrant or probable cause, it can severely impact their case against you.
Finally, you have the right to an attorney. It’s imperative to understand that connecting with an experienced criminal defense attorney is generally the most important thing you can do to help your case, as it can provide you with the best opportunity to protect yourself in these challenging times.
