January 17, 2024
Written and reviewed by George Napier, Founding Attorney at The Napier Law Firm, former Montgomery County Assistant District Attorney and Felony Chief Prosecutor.
If you’re facing drug possession charges in Houston, you probably have a bunch of questions. It’s a tough spot to be in, and understanding the ins and outs can really help. This article is here to shed light on some common queries about drug possession laws in Houston. We’ll take a look at penalties, defense strategies, and more, all in a way that’s easy to get.
Time for Possession of a Controlled Substance in Texas
The substance and weight determine the ordinary possession grade. Penalty Group 1, 1-B and 2 possession below one gram is ordinarily a state jail felony; Penalty Group 3 possession below 28 grams is ordinarily a Class A misdemeanor. Marijuana has a separate weight chart. Statutory authorizations, defenses and enhancements must also be considered.
Bond Amounts for Drug Possession in Texas
When it comes to bond for drug possession in Texas, there’s no one-size-fits-all answer. It can swing from a few hundred to thousands of dollars. The bond amount changes based on what drug you had, how much of it there was, your past run-ins with the law, and how your arrest went down. It’s a good idea to talk to a drug possession lawyer in Houston to get a better idea of what you might be looking at.
Losing Your License Over a Drug Conviction in Texas
Certain final drug convictions can suspend a Texas driver’s license even when no driving was involved. Transportation Code Section 521.372 generally sets a 90-day period, not six months. Felony and misdemeanor categories differ: a first Texas misdemeanor drug conviction is not automatically suspended under that provision, although the court can order suspension with a written public-safety finding. Required drug education can extend the period under Section 521.374. DWI has separate rules.
Responsibility for Drugs in Your Car or House
Figuring out who’s responsible for drugs found in a car or house in Texas can get tricky. Here’s the deal:
- In your car: being the driver or sitting nearest to drugs does not itself establish knowing or intentional possession. The State must prove the required connection to the substance.
- In your house: ownership of the home is not the same as possession of every item in it. The evidence must establish the accused person’s knowing or intentional care, custody, control or management of the substance.
How to Prove the Drugs Aren’t Yours
The State must prove every element beyond a reasonable doubt. You do not have to prove innocence. A defense lawyer can examine whether the evidence establishes knowledge and possession, including:
- Knowledge: whether the evidence shows that you knew about the substance.
- No Actual Possession: Arguing that the drugs were not in your control.
Beating a Drug Possession Charge in Texas
Beating a drug possession charge in Texas isn’t easy, but it’s not impossible. Your defense might hinge on:
- Questioning the Legality of the Search: If the police didn’t follow the rules when they searched you or your property, anything they found might not be usable in court.
- Disputing possession: challenge whether the State can prove knowing or intentional possession. Ownership is not the same legal question as possession.
- Challenging the Evidence: Sometimes the way the drugs were tested or handled can be questioned.
Remember, a good drug possession attorney in Houston can make a big difference in how these strategies are played out in court. However, no lawyer can guarantee victory.
What is Attempted Possession of a Controlled Substance in Texas?
Criminal attempt requires specific intent to commit an offense and an act beyond mere preparation that tends but fails to accomplish it. Under Penal Code Section 15.01, attempt is generally one offense category below the completed offense. Health and Safety Code Section 481.108 makes the Penal Code’s preparatory-offense rules applicable to Chapter 481.
Longevity of a Felony Drug Charge on Your Record in Texas
A felony drug charge in Texas can stick around on your record for a long time. In fact, unless you take specific legal steps, it stays there permanently. This can affect your job prospects, housing opportunities, and more. However, in some cases, you might be able to get the record sealed or expunged, especially if it’s your first offense or if certain conditions are met. A drug possession lawyer in Texas can help you understand if expungement or sealing is an option for your case.
The Three Felony Rule in Texas
Texas has what’s known as the “three strikes” rule for felonies. Under this rule, if someone is convicted of a third felony, they face significantly harsher penalties, potentially even a life sentence. The idea is to deter repeat offenders. However, not all felonies qualify for this rule, and there are specific criteria that need to be met. It’s a complex part of Texas law that can drastically change the outcome of a case if you’re facing multiple felony charges.
Xanax Possession and Felony Charges in Texas
Alprazolam, the controlled substance in Xanax, is listed in Penalty Group 3. Unlawful possession below 28 grams is ordinarily a Class A misdemeanor; exactly 28 grams begins the felony brackets. Section 481.117 uses aggregate weight, including adulterants and dilutants, and recognizes lawful-prescription and other statutory exceptions.
PG 3 Drugs in Texas
Penalty Group 3 includes alprazolam, diazepam, methylphenidate, tramadol and listed anabolic steroids, among other substances. The Texas statutory list controls; a drug’s medical use does not by itself determine its penalty group.
While possession of PG 3 drugs can lead to criminal charges, the penalties are often less severe than those for drugs in the higher penalty groups. However, illegal possession or distribution still carries the risk of jail time and fines.
Probation for Felony Drug Charges in Texas
Getting probation for a felony drug charge in Texas is a possibility, especially for first-time offenders or lower-level felonies. Probation allows you to serve your sentence outside of jail under certain conditions and supervision.
Supervision can include reporting, drug testing and other court-ordered conditions. A violation can lead to revocation or, in a deferred-adjudication case, an adjudication of guilt and sentencing. Eligibility and consequences depend on the supervision route and the case.
Contact a Texas Drug Possession Lawyer Today
Navigating drug possession laws in Texas by yourself can be a nightmare. From understanding the nuances of attempted possession to exploring probation and/or deferred adjudication options for felony charges, having the right information and proper representation is of utmost importance.
At The Napier Law Firm, our Texas drug possession lawyers are here to provide you with tailored advice and fierce representation with the goal of achieving the best possible outcome in your case . Contact us today for your free initial consultation with a drug possession attorney in the Houston area.
Contact The Napier Law Firm today for a free consultation. Call us at (713) 470-4097 or fill out our online form. We serve clients throughout Houston, The Woodlands, Conroe, and surrounding areas in Harris, Montgomery, and Fort Bend counties.