Being charged and convicted with possession of a controlled substance in Texas can lead to steep penalties and jail time. Depending on the type of drug and the amount found, a defendant may face a misdemeanor or a harsher felony charge. Prosecutors may even charge a defendant with a federal crime depending on the circumstance.
Drug cases are some of the most severe crimes by law. You must attain legal counsel if you find yourself facing state or federal charges for possession of a controlled substance.
Possession As A Federal Crime
Federal crimes are prosecuted in federal courts. For a drug crime to be considered a federal matter, prosecutors look at many factors. For example, you will most likely be charged with a federal crime if you cross over state lines or are arrested on federal property.
Federal drug law categorizes the type of drug found on a person using five different schedules. A drug falls within each schedule depending on how addictive the drug is and whether it carries any medicinal purpose.
Drug Possession In Texas
Texas has some of the most stringent drug laws in the nation. To be charged and convicted of possession of a controlled substance in Texas, you must have knowingly and intentionally been in possession of an illegal substance. The law must recognize that substance as a drug.
In addition to showing that there were drugs involved, prosecutors must also prove that the substance was in the defendant’s actual care, custody, control, or management.
Possible Penalties
The Texas Controlled Substance Act places all controlled substances into penalty groups. These penalty groups are what determine the penalty a defendant will face if charged and convicted with possession. There are four said penalty groups and two sub-groups. Group 1 substances, including cocaine, heroin, and opioids, carry the heftiest penalties in Texas. Prison time can range from less than a year to 99 years.
Federal crimes often mean tougher sanctions. Federal courts determine sentencing by following a particular set of guidelines as well as a sentencing table. These guidelines consider the level of the offense committed and the criminal history of the defendant. A conviction in federal court can mean anything from a year in prison to a life sentence.
Marijuana
Although the law concerning marijuana is changing in many states, possession of marijuana remains a crime in Texas. The penalty depends on how much of the substance was on the person. For example, less than 2 ounces of marijuana carries a fine of up to $2,000 and up to 180 days in jail. As the amount of marijuana found increases, so do the sanctions.
The Bottom Line Regarding Possession Of A Controlled Substance Charge
Drug charges are some of the most serious crimes in Texas. If you have been charged with possession of a controlled substance or any federal crimes, contact Vinas & Graham, PLLC. They can help you understand the law as well as the charges that you are facing. Make sure to also follow them on Facebook for criminal defense crime topics.
