Possession of a Controlled Substance Defense Attorney Serving Dallas

An arrest for drug possession can leave you frightened, confused, and worried about the future. After all, Texas takes these charges very seriously, and penalties on conviction can include steep fines and substantial jail time. However, being charged with a crime is not the same thing as being convicted of it, and the sooner you act in your defense, the better you can fight back against the charges against you. That starts by contacting the Dallas possession of a controlled substance defense lawyers at Design 8 for an initial case evaluation with a knowledgeable drug crimes lawyer. We look forward to hearing from you and learning more about how we can help.

Do You Need a Criminal Defense Attorney for Drug Possession Charges?

Prosecutors aggressively pursue convictions in drug possession cases. To fight back, you need a criminal defense attorney from Design 8 who can help level the playing field by:

• Thoroughly investigating your case to secure all available evidence
• Evaluating the facts to identify potential defense strategies
• Ensuring you understand your charges and the potential outcomes of your case
• Vigorously challenging the prosecution’s case, including seeking to exclude evidence police obtained by violating your rights
• Pursuing every avenue to obtain the best possible outcome under the circumstances of your case, even when that means going to trial

Why Choose a Defense Lawyer from Design 8?

Turn to a criminal defense attorney from Design 8 to help you pursue a favorable resolution to your charges because:

• We provide clients with the in-depth preparation, vigorous courtroom advocacy, and top-quality service they need during trying times.
• We focus our efforts on the specific circumstances of our clients’ cases, working diligently to serve their needs and achieve their goals.
• You will work directly with a knowledgeable defense lawyer who will hear your story, explain your legal options, and develop a persuasive argument to help you seek a fair outcome.
• Our attorneys leverage their legal knowledge and litigation experience to protect your rights, reputation, and freedom as you face the criminal justice system.

Understanding Drug Possession Charges

Under Texas law, it is illegal to knowingly or intentionally possess a controlled substance listed in Texas’s schedule of controlled substances unless the person obtained the substance directly from or under a valid prescription of a medical practitioner acting in the course of professional practice. Texas law grades drug possession offenses by the type and quantity of drugs possessed. Here are where some common drugs fall within Texas’s drug schedules:

• Penalty Group 1: Opiates and opium products such as methadol, heroin, oxycodone, or raw opium; cocaine; methamphetamine
• Penalty Group 1-A: LSD and compounds derived from 2,5-dimethoxyphenethylamine
• Penalty Group 1-B: Fentanyl and fentanyl-derived drugs
• Penalty Group 2: Hallucinogenic substances such as mescaline and MDMA (ecstasy), PHP, THC-containing drugs other than marijuana, psilocybin
• Penalty Group 2-A: Cannabinol derivatives
• Penalty Group 3: Barbitals (such as clonazepam or flurazepam), mixtures containing specific quantities of codeine, peyote, anabolic steroids, Salvia divinorum
• Penalty Group 4: Compounds with limited quantities of codeine, opium, and other controlled substances

Frequently Asked Questions About Possession of Controlled Substance Charges

Below, you’ll find the answers to some of the questions our clients most commonly ask about charges of possession of controlled substances.

What penalties could I face for possession of controlled substances?

The penalties imposed by a court for a conviction of possession of controlled substances depend on the grading of the offense, which determines the sentencing ranges. Standard sentencing ranges include:

• Class B misdemeanor: Up to 180 days in jail, a fine of up to $2,000, or both incarceration and a fine
• Class A misdemeanor: Up to one year in jail, a fine of up to $4,000, or both incarceration and a fine
• State jail felony: One-hundred eighty days to two years in a state jail and a potential fine of up to $10,000
• Third-degree felony: Two to ten years in prison and a potential fine of up to $10,000
• Second-degree felony: Two to 20 years in prison and a potential fine of up to $10,000
• First-degree felony: Five to 99 years in prison or life imprisonment and a potential fine of up to $10,000

Particularly large quantities of certain types of controlled substances can increase the penalties imposed for a conviction for drug possession. For example, defendants convicted of possessing substantial amounts of some of the most dangerous drugs may face a minimum prison term of 10 or 15 years and a maximum fine of up to $100,000 or $250,000

Do I have any defense to a drug possession charge?

Depending on the circumstances, you may be able to pursue defense strategies like the following:

• Lack of intent: A defendant may argue that they did not intentionally or knowingly possess the controlled substances as required for a conviction under the criminal statutes.
• Lack of possession: Defendants may assert that the prosecution’s case fails to prove they had actual or constructive possession of the drugs, especially when the evidence indicates the drugs belonged to someone else.
• Lawful possession: A defendant may produce a valid prescription order to prove they lawfully possessed controlled substances.
• Lack of laboratory testing: Defendants may assert that the substances seized from them by the police do not qualify as controlled substances if the prosecution did not conduct confirmatory laboratory testing.
• Unlawful search and seizure: A defendant may seek to exclude evidence of drugs from the prosecution’s case by showing that police conducted an unlawful search of the defendant’s person, containers, vehicle, or home.

What steps should I take after an arrest?

You can protect your rights during an arrest by taking the following steps:

• Confirm what charges the police have arrested you for.
• Invoke your right to remain silent.
• Decline to answer questions and refrain from speaking to the police about your charges.
• Ask to talk to a criminal defense lawyer as soon as possible.

Contact Our Firm Today for Experienced Legal Advocacy

If prosecutors in Dallas have charged you with possession of controlled substances, you need dedicated, experienced legal counsel to help you face the criminal justice system. Design 8 can help you stand up for your reputation, freedom, and future. Call us today at 214-764-5535 for a confidential consultation with a knowledgeable possession of controlled substances defense attorney to discuss your options for pursuing a favorable resolution to your charges.