You need a drug crime defense lawyer when you are charged with the possession of a controlled substance. Drug possession is a criminal offense and anyone who is charged with it can go for life imprisonment or heavy penalties depending upon the severity. Based on the evidence, everyone doesn’t choose to plead not guilty, but those who decide to take this path have the right to choose a lawyer to defend themselves.
A drug crime attorney can help keep you out of jail on bail and reduce your charges. Drug charges can be terrible, as they can affect your friends and family harshly. These charges can also destroy your career, and cost you a good amount of money as fine. Not to mention the harassment and physical stress everybody has to deal with.
Carrying any kind of illegal stuff like cocaine, heroin, crack, marijuana, methamphetamine, etc. can lead to imprisonment and fines. You must have an attorney that strategizes things for your benefit. Your advocate will negotiate better alternatives rather than jail, like community service, rehab program, or house arrest.
Some drug cases are federal offenses and trials are held in federal court, when the illegal substance was exported, imported, or crossed state lines. If you stay in Galveston and you have to deal with federal drug charges, then you should contact the Galveston County drug crimes lawyer at Mark Diaz Criminal Defense Attorney at Texas Criminal Justice.
His team has years of experience and they successfully defended clients facing charges. They have dealt with charges of drug possession, white-collar crime, DWI/DUI charges, Homicide, Sexual Assault, Drug Manufacturing, Assault and Battery, Domestic Violence, Drug Trafficking, Immigration, Burglary, Theft, and Federal Crime Defense.
Under Texas law, there are four penalty groups
Penalty Group 1
PG1 is considered the most serious crime. With every amount of the controlled substance like cocaine, heroin, opioids, or meth, the penalty or charges increase.
- Less than 1-gram results in 180 days to 2 years of jail or a $10,000 fine.
- 1-3 grams lead to a $10,000 fine or 2-10 years of imprisonment.
- 4-199 grams lead to a $10,000 fine or 2-20 years of imprisonment.
- 200-399 grams lead to a $1, 00,000 fine or 5-99 years of imprisonment.
- 400 grams or more can result in a $1, 00,000 fine or 10-99 years of imprisonment.
The charges for LSD are different –
- Less than 20 units of LSD can result in 180 days or 2 years of jail or $10,000 of fine.
- 20-70 units lead to 2-10 years of imprisonment and a $10,000 fine.
- 80-3,999 units can lead to a $10,000 fine or 5-20 years of imprisonment.
- 4,000 units can lead to a $250,000 fine and 15-99 years of imprisonment.
Penalty Group 2
When a person is filed for drug possession under PG2 with controlled substance like hashish, PCP molly, and ecstasy then the punishments are as follows –
- Less than 1-gram results in a $10,000 fine or 180 or 2 years of jail.
- 1-3 grams can result in a $10,000 fine and 2-10 years of imprisonment.
- 4-399 grams of drugs can lead to a $10,000 fine or 2-20 years of imprisonment.
- 400 grams of drugs can result in $50,000 or 5-99 years of imprisonment.
Penalty Group 3
People possessing PG3 controlled substance like Valium, an anabolic steroid, and Ritalin are subject to punishment –
- Less than 8 grams results in a $4,000 fine or 1 year of imprisonment.
- 28-199 grams of a controlled substance can lead to a $10,000 fine or 2-10 years of imprisonment.
- 200-399 grams can result in a $10,000 fine or 2-20 years of imprisonment.
- 400 grams or more results in a $50,000 fine or 5-99 years of imprisonment.
Penalty Group 4
PG4 controlled substances are those which are not included in the above-mentioned 3 groups. Keeping in possession of PG4 controlled substances can lead to several punishments –
- Less than 28 grams can result in a $2,000 fine and 180 days of jail.
- 28-199 grams leads to $10,000 or 2-10 years of imprisonment.
- 200-399 grams can lead to a $10,000 fine or 2-20 years of imprisonment.
- 400 grams or more of a controlled substance can lead to a $50,000 fine or 5-99 years of imprisonment.
Accused can be charged both fine and imprisonment or just one.
Marijuana is still illegal in Texas
Marijuana which is also known as cannabis is illegal in Texas. Although it has various medicinal benefits, according to the Texas Drugs Law marijuana is illegal. However, it depends on how much quantity a person is carrying. Depending upon the quantity the charges are defined –
- Less than 2 ounces results in a $2,000 fine or 180 days of jail.
- 2-3 ounces of marijuana can lead to $4,000 or 1 year of jail.
- 4 ounces – 5 pounds of marijuana can charge with a $10,000 fine or 180 days to 2 years of jail.
- 6-50 pounds of marijuana can result in a $10,000 fine or 2-10 years of imprisonment.
- 51-2,000 pounds of marijuana is a second-degree felony that can result in a $10,000 fine or 2-20 years of imprisonment.
- More than 2,000 pounds results in a $50,000 fine or 5-99 years of imprisonment.
Sometimes the criminal is charged with booth punishments. This means they have to pay a fine as well as serve imprisonment.
How Can You Fight Against the Charges?
- Police cannot search your house or car for a controlled substance if they don’t have a warrant. In case, they have evidence without a warrant that is inadmissible in the court.
- During interrogation, the police officer has to suggest your right to remain silent or to get help from a criminal defense attorney.
- Charging for drug possession requires evidence like drugs. If the police fail to provide evidence or lab test results stating it to be a controlled substance, then the prosecution can request to withdraw all charges based on false proof.
- You can also claim that you didn’t possess the drugs even if you stayed on that property. This can be done by proving that you knew of the presence of drugs, but you had no control over the location.
Drug cases are unique. Often people are charged only when they have drugs in their possession. There are very rare chances when a person is caused incorrectly. This is why hiring a Texas drug possession lawyer is your best decision