person handcuffed after officer finding bag of white powder

In 2020, over 1 million people were arrested on drug charges in the United States, with nearly 90,000 arrests in Texas alone.  The strict drug laws in Texas mean that anyone charged and convicted of a drug crime in the state could face steep penalties.  If you are facing drug crime charges, you’ll want to know what to expect from the process and what steps you should take to build a solid defensive strategy.

Texas Drug Penalties

State laws involving drug charges and penalties are strictly enforced in many jurisdictions throughout Texas.  Courts will use numerous factors to determine your sentencing if you are found guilty; these include:

–        The category or classification of the drug

–        The amount of the drug in your possession; and

–        Various other factors that could increase the severity of the crime.

Depending on the circumstances of your drug possession charge, you could be sentenced to jail time, fines, probation, or rehabilitation treatment.

Texas Diversion Programs for Drug Crimes

Depending on the specific details of your case and the discretion of the court, you may be able to participate in a diversion program.  These programs typically involve rehabilitation services and fines, but charges are dropped once you have completed all the necessary requirements.  This option is generally only offered to first-time offenders or in cases where only a small amount of drugs was found.  If a diversion program is offered to you, keep in mind that you must make a concerted effort in the rehabilitation portion of the program; otherwise, you risk being charged with your original drug offense and being forced to pay for the rehab treatment.

Preparing Your Drug Crime Case

Hiring a criminal law attorney with specific expertise in drug crime defense is a must when preparing to fight drug possession charges.  An experienced lawyer will know the common defensive strategies and how to apply them to increase your chances for a more favorable outcome.  When consulting with a knowledgeable criminal law attorney in Plano, they should be able to identify the best course of action for your circumstances.  Possible defenses include proving entrapment, pointing out procedural errors, claiming a violation of your Fourth Amendment rights, and showing a lack of intent or sufficient evidence. 

You and your lawyer may also be able to prove to the court that there was no probable cause for the arresting officer to stop you or that the search they conducted on you was illegal.  Perhaps constructive possession cannot be established by the prosecutor; this is the concept that something in your possession does indeed belong to you.

There are many avenues for building a strong defense against drug possession charges in Collin County, and working with The Fox Firm ensures you have trusted and knowledgeable legal counsel on your side.  Contact us for a consultation to find out how we can advocate for you in your drug charge case.