Drug Possession Attorney in Rockwall, Texas

Drug possession charges can turn your life upside down. Whether you’re facing misdemeanor or felony charges, the consequences can be severe, affecting your personal and professional life. At The Law Office of Justin K. Hall P.C., I'm here to help you understand these charges and provide the robust defense you deserve. 

Over the years, I've successfully defended countless individuals in Rockwall, Dallas, Collin, Hunt, and Kaufman.

What is Drug Possession? 

Drug possession involves having a controlled substance on your person or within your control. This can range from small amounts meant for personal use to larger quantities that may lead to intent-to-distribute charges. The type and amount of the substance found can significantly impact the severity of the charges you face. 

Controlled Substances Act

Texas classifies drugs into different penalty groups under the Controlled Substances Act. These groups determine the severity of the penalties, which can range from fines and probation to lengthy prison sentences. 

• Penalty group 1: Includes substances like cocaine, heroin, and methamphetamine. 

• Penalty group 2: Covers drugs such as ecstasy and PCP. 

• Penalty group 3: Includes prescription drugs like Valium and Xanax. 

• Penalty group 4: Encompasses compounds containing small amounts of controlled substances mixed with other, non-controlled substances. 

Penalties for Drug Possession

The penalties for drug possession in Texas vary based on the type and amount of the substance. Here’s a quick overview: 

Misdemeanor Charges

• Class B misdemeanor: Up to 180 days in jail and a $2,000 fine. 

• Class A misdemeanor: Up to 1 year in jail and a $4,000 fine. 

Felony Charges

• State jail felony: 180 days to 2 years in state jail and a $10,000 fine. 

• Third-degree felony: 2 to 10 years in prison and a $10,000 fine. 

• Second-degree felony: 2 to 20 years in prison and a $10,000 fine. 

• First-degree felony: 5 to 99 years in prison and a $10,000 fine. 

These penalties can be more severe if you have prior convictions or if the offense occurred in certain areas, such as near a school or playground.

Defending Against Drug Possession Charges

Drug possession charges require a solid defense strategy tailored to your situation. Here are some common defenses I might employ: 

Unlawful Search and Seizure 

Under the Fourth Amendment, you have the right to be free from unreasonable searches and seizures. If law enforcement violates these rights, any evidence obtained as a result can be challenged and possibly suppressed. 

Lack of Possession 

To secure a conviction, the prosecution must prove you had actual or constructive possession of the controlled substance. If the drugs were found in a shared space or if there's doubt about who owned them, this defense might apply. 

Medical Prescription 

If you're charged with possession of a prescription drug, having a valid prescription can serve as a defense. However, make sure you're using the medication as prescribed and not selling or distributing it. 

Chain of Custody Issues 

The prosecution must establish an unbroken chain of custody for the seized drugs. Any gaps or discrepancies can be grounds for challenging the evidence's integrity.  

Show of Intent 

The lack of intent to distribute can be a viable defense. If you can demonstrate that the quantities found are consistent with personal use rather than distribution, this can reduce the charges against you. Evidence such as personal use patterns or lack of paraphernalia associated with selling drugs can support this defense. 

Mistaken Identity 

In some cases, mistaken identity can play a critical role in your defense. If you were wrongly identified by law enforcement or witnesses as the owner of the drugs, it may be possible to challenge the accuracy of these claims. Collecting alibis or witness statements that support your presence elsewhere at the time of the search can reinforce this defense. 

Drug Possession Laws in Texas

In Texas, drug possession laws are strict and unforgiving. The state follows a zero-tolerance policy, meaning even small amounts of controlled substances can lead to serious charges. 

Types of Possession 

• Actual possession: When the drug is found on your person. 

• Constructive possession: When the drug is found in a place you have control over, such as your home or car. 

• Joint possession: This occurs when two or more individuals have control over a single substance. In these cases, each person may be held jointly responsible for the possession, depending on the evidence presented. 

Legal Consequences 

• First-time offenders: May be eligible for probation or a diversion program, which can result in dismissed charges upon successful completion. 

• Repeat offenders: May face harsher penalties, including mandatory minimum sentences and increased fines. 

• Diversion programs: For first-time offenders, participation in a diversion program may be possible. These programs are designed to provide treatment and rehabilitation rather than punitive measures, allowing individuals to avoid a criminal record if they successfully complete the requirements.