Dallas Drug Possession Attorney
Seek Representation from the Law Offices of Robert Gregg
Drug possession charges in Texas should be taken seriously. When you are facing possession charges, you need an aggressive drug crime defense attorney in Dallas who can represent you best interests and protect your rights. At the Law Offices of Robert Gregg, we provide knowledgeable and effective criminal defense for misdemeanor or felony drug possession charges throughout Texas.
Time is of the essence in a drug crime case. According to the Texas Controlled Substances Act, the Lone Star State has strict guidelines for drug sentencing. In fact, it has one of the toughest stances against drugs among all the states, and if you face charges of possessing illegal substances, you have a lengthy legal battle ahead that requires a solid defense strategy. We work hard to anticipate the prosecution’s case against you so that we can remain one step ahead.
Contact us online or call (214) 891-7536 if you are facing drug possession charges and need high-quality legal representation.
Understanding Texas Drug Possession Charges
Depending on the drug involved, the quantity of the drug, and the circumstances of the alleged incident, the penalties you could face for drug possession may be severe. Jail time or hefty fines are almost inevitable if convicted.
We represent clients who have been charged with illegal possession of:
- Prescription drugs, such as OxyContin and Vicodin
Handling a Charge of Possessing a Controlled Substance
Each state classifies and handles drug charges differently. The Texas statute contains a wide variety of drugs, including marijuana, cocaine, heroin and methamphetamine.
There are four groups of controlled substances in the state of Texas, and their level of classification depends on how dangerous they are, how likely they are to cause addiction, their potential for abuse and their medicinal value. If an officer arrests you for possessing a controlled substance, it is crucial that you identify the right statute for your particular charge.
Once you understand the severity of the offense and the potential penalties and consequences you might be facing, you can start building a defense strategy to fight the charge. If the court convicts you, you could receive a prison sentence, hefty fines and a permanent blight on your criminal record.
Penalty Groups for Controlled Dangerous Substances
Texas law divides dangerous controlled substances into penalty groups 1, 1-A, 2, 3 and 4. The consequences of your charge will depend on how dangerous the drug you had in your possession was. The law does not consider drugs in Group 1 as serious as those in Group 4, and each group carries its own set of penalties, which become more severe as the danger of the drug increases.
The Texas Health and Safety Code classifies drugs into each group. The severity of your penalties will depend largely on how much you were carrying at the time of arrest.
Defenses for Drug Possession Charges in Texas
When defending a client facing drug possession charges, we make a point to conduct our own exhaustive investigation so that we can uncover any evidence that may benefit the case.
Some defenses target evidence, testimony and facts; others challenge procedural mistakes. If you wish to plead not guilty to your charge of drug possession, whether with intent to sell or for personal use, you need to identify the best defense strategy for your particular circumstances.
Here are common defenses against drug possession charges:
Illegal Search and Seizure
Violation of a person’s fourth amendment rights is a common defense for drug possession. You have the right to lawful search and seizure processes, and if you are the victim of an unlawful search, the court may have to drop your charges. Unfortunately, if you left illicit drugs in plain sight, such as on your passenger seat, they will become evidence.
However, if the drugs are not in plain sight, they become inadmissible as evidence without a legal search warrant, as explained by the Texas District & County Attorney’s Association. For example, if the police forcefully opened your car’s trunk with a crowbar without your permission and found drugs, you are the victim of an unlawful search and seizure.
Drugs Belonging to Another
Denying involvement is a popular defense strategy for criminal charges, and in the case of drug possession, you can deny that the drugs were yours and claim no knowledge of the substances on your property. For example, if there were several passengers in your car, any one of them could have owned any drugs found there. The prosecution must prove that the drugs in your possession did not belong to your guests.
Crime Lab Analysis
Many prescription medications look like drugs, and even some herbs can look like marijuana. It is easy to mistake one substance for another. For the prosecution to prove that you were carrying drugs, a crime lab must analyze the substance. The analyst will testify.
Evidence, such as drugs, frequently goes missing at some point before the trial. Seized drugs undergo several transfers before entering the evidence room, and you should not assume that it still exists by the time you go to trial. The prosecution has a legal obligation to provide the court with the actual drugs found in your possession, and lost evidence usually results in dismissed charges.
Another defense strategy against drug possession is proving entrapment. If someone pressured you to give drugs to somebody else and it led to your subsequent arrest, this defense could get your charges dropped.
Strong & Aggressive Defense in Dallas, TX
Attorney Robert Gregg is an experienced drug possession defense attorney in Dallas who handles hundreds of cases in court each year and is known for his work as a trial lawyer. He knows the Dallas and Fort Worth County court system and can work quickly and effectively to advocate on your behalf.
While we provide our criminal defense clients with sound legal advice to achieve favorable results, we also offer responsive service. We promptly answer and return calls, informing each of our clients on the progress of their defense.
To get started on your case with a free consultation, please call (214) 891-7536 or contact us online.