January 17, 2024

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 time you could be looking at for a drug possession charge in Texas depends on a few things, like the type of drug and how much you had. Generally, smaller amounts might lead to misdemeanor charges, which are less severe. But if you’re caught with more, or with something more serious, you could be facing felony charges. This means more time. A Houston drug possession attorney would be able to give more specifics based on your case.

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

Getting convicted for a drug-related offense in Texas means you could lose your driving license for a bit. Usually, it’s about six months for first time DWI offenders. This happens no matter if you were driving when you got caught or not. It’s a side of drug charges that people often forget about, so keep it in mind.

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: Usually, the driver or the person nearest to the drugs is considered responsible. But, you can challenge this if the situation calls for it.
  • In Your House: The person who owns the drugs or where the drugs were found is typically held responsible. Proving who actually owns the drugs can be a bit of a puzzle and might need some legal know-how to navigate.

How to Prove the Drugs Aren’t Yours

Saying the drugs aren’t yours and proving it are two different things. You’ve got to show that you either didn’t know about them or they weren’t actually in your possession. Here’s what you might consider:

  • Lack of Knowledge: You need to show that you had no idea the drugs were there.
  • 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:

  1. 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.
  2. Disputing Ownership: If you can prove that the drugs weren’t yours or that you didn’t know about them, that could work in your favor.
  3. 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?

In Texas, attempted possession of a controlled substance is taken seriously. It means you tried to possess a drug but didn’t complete the act. This could be because you were caught in the process or stopped before you could actually get the drugs. The penalties for attempted possession can be slightly less severe than actual possession, but they still carry significant consequences. It’s seen as a step towards committing the crime, and the law doesn’t take it lightly.

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 Houston 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

The amount of Xanax it takes to face a felony charge in Texas depends on the quantity in your possession. Generally, possessing more than a certain amount (often around 28 grams) can escalate the charge to a felony. Xanax, being a prescription drug, is regulated differently than some other controlled substances, but illegal possession of it is still taken very seriously.

PG 3 Drugs in Texas

In Texas, PG 3 drugs (Penalty Group 3) include certain less dangerous prescription drugs and compounds with a lower potential for abuse compared to drugs in Penalty Groups 1 and 2. These can include certain antidepressants, sedatives, and anabolic steroids. 

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. 

These conditions can include regular check-ins, drug testing, community service, and more. Violating these terms can result in serving the remainder of your sentence in jail. Whether probation is an option depends on the specifics of your case, the judge, and the recommendations of your attorney.

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.