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Understanding Drug Possession Charges in Texas
Being charged with drug possession in Texas can lead to serious legal and personal consequences that may follow you for years. If law enforcement finds illegal drugs in your vehicle, you could face criminal charges—even if you had no idea they were there. Texas law presumes possession when drugs are found in a person’s immediate control, but there are legal defenses available. If you are facing a drug possession charge, contacting a criminal defense attorney in Greater Houston is crucial.
Texas Drug Possession Laws
Texas law defines drug possession under the Texas Health and Safety Code § 481.115 (for controlled substances) and § 481.121 (for marijuana). To be convicted, prosecutors must prove beyond a reasonable doubt that you knowingly and intentionally possessed an illegal substance. If you were unaware of the drugs in your car, you may have a strong defense.
Proving Lack of Knowledge as a Defense
A key defense in drug possession cases is lack of knowledge. If you can demonstrate that you had no idea the drugs were in your vehicle, you may be able to avoid a conviction. Our skilled criminal defense lawyers at The Kahn Law Firm, P.C. can assist you in using this defense effectively. They may ask you to consider several factors, including the following:
- Who had access to your car? If multiple people use your vehicle, you may be able to argue that someone else left the drugs there.
- Where were the drugs found? If the drugs were hidden in a location you rarely access, it supports your claim of ignorance.
- Did you do anything incriminating? If you did not exhibit suspicious behavior, such as trying to hide the drugs, this strengthens your defense.
Penalties for Drug Possession in Texas
The penalties for drug possession in Texas vary based on the type and amount of drugs found:
- Marijuana: Possession of under two ounces is a misdemeanor, punishable by up to 180 days in jail and a $2,000 fine.
- Prescription drugs without a valid prescription: Possession of controlled medications like Xanax or Oxycodone can lead to felony charges, depending on the amount.
- Less than 1 gram: State jail felony, up to 2 years in jail.
- 1 to 4 grams: Third-degree felony, up to 10 years in prison.
- 4 to 200 grams: Second-degree felony, up to 20 years in prison.
- 200 to 400 grams: First-degree felony, up to 99 years in prison.
- More than 400 grams: First-degree felony with a life sentence possibility, and a fine up to $100,000.
- Cocaine, methamphetamine, heroin: Possession of less than one gram is a state jail felony, punishable by up to two years in jail and a $10,000 fine. These penalties will also increase with the amount found in your possession as covered under prescription drugs.
Can You Be Arrested in Texas if Drugs Found in Your Car Belong to a Passenger?
In Texas, if drugs are found in your car but belong to a passenger, you may still be arrested. Law enforcement officers may assume “constructive possession,” meaning you had control over the area where the drugs were found. The defense strategy could include the following:
- Testimony from the actual owner of the drugs admitting they owned the drugs.
- Lack of fingerprints or DNA evidence linking you to the drugs.
- Security footage or witness statements supporting your innocence.
What Other Defenses Could Be Successful for Drug Possession Charges?
Aside from proving a lack of knowledge, other legal defenses our law firm can use to win your case include the following:
- Illegal search and seizure: If the police searched your car without probable cause or a warrant, evidence may be inadmissible in court.
- Planted evidence: In some cases, illegal drugs may have been planted.
- Faulty lab testing: The substance found in your vehicle may not be illegal.
- Lack of constructive possession: If the drugs were found in a shared vehicle or a rental car, the prosecution must prove you had control over them.
- Miranda rights violation: If law enforcement failed to read your rights before questioning, your statements may be inadmissible.
- Entrapment: If an officer pressured or tricked you into unknowingly transporting drugs, it could be a valid defense.
How an Attorney Can Help You Fight Drug Charges
Hiring an experienced criminal defense attorney in Texas is vital when facing drug charges. A criminal defense lawyer can gather evidence to show you were unaware of the drugs, challenge the prosecution’s case, and expose any illegal police conduct. They can also negotiate for reduced or dismissed charges and help protect your record from the long-term consequences of a conviction.
What are the Alternatives to Jail Time for Drug Possession in Texas?
Being charged with drug possession doesn’t automatically equal jail time. With skilled defense, you may be able to take advantage of one of the alternatives. The State of Texas offers multiple options, particularly for those who do not have a long criminal history.
Drug Diversion Programs for First-Time Offenders
Texas offers diversion programs that allow first-time drug offenders to avoid a conviction by completing court-supervised treatment. Under Tex. Code Crim. Proc. § 76.011, drug courts provide an alternative to jail, focusing on rehabilitation through counseling, drug testing, and education. Completing a program can result in dismissed charges, potentially helping you or a loved one avoid a permanent criminal record.
Probation Instead of Jail for Minor Offenses
For specific drug possession offenses, Texas law allows probation instead of incarceration, particularly for small amounts of controlled substances. Under Tex. Code Crim. Proc. § 42A.053, judges can impose community supervision (probation), requiring compliance with conditions, such as:
- Regular drug testing
- Education programs
- Community service
This option is often available for state jail felonies (such as possession of less than one gram of a Penalty Group 1 substance like cocaine, heroin, or methamphetamines) and some misdemeanor drug charges.
Deferred Adjudication: Charges Dismissed Upon Completing Requirements
Deferred adjudication allows a person to avoid a formal conviction if they complete court-ordered conditions. Under Tex. Code Crim. Proc. § 42A.101, a judge may withhold a finding of guilt and place the defendant on probation if, in the judge’s opinion, “the best interest of society and the defendant will be served.” The case is dismissed when all conditions are met, including mandated treatment, drug testing, and reporting to a probation officer. Deferred adjudication prevents a conviction but may still appear on background checks unless the person qualifies for nondisclosure or an expungement.
For a Strong Defense, Contact The Kahn Law Firm, P.C.
Facing a drug possession charge can be overwhelming, but you don’t have to fight this battle alone. At The Kahn Law Firm, P.C., we understand the stress of criminal charges and will aggressively defend your rights. After two decades of serving the community, our husband-and-wife criminal defense attorney team knows what they are doing. As a Christian law firm, we are compassionate and steadfast in our belief in making a better future possible for all.
Whether you were unaware of the drugs, believe you were wrongly accused or would like to help a loved one who is facing charges, we are here to help. Your future is at stake.
Don’t wait. Call 713-999-6549 now for a free consultation and let us fight for you.
