Houston Drug Possession Lawyer | Cory Roth Law Office

Defending You from Drug Charges in Texas

If you or a loved one is facing drug possession charges in Houston, it is crucial to seek the help of an experienced and knowledgeable drug possession lawyer. At our law firm, we are dedicated to providing aggressive defense strategies to protect your rights and fight for the best possible outcome in your case.

If you’ve been accused of possessing illegal drugs in Texas, it’s important to speak with a Houston drug possession attorney for criminal defense help. If you’re convicted of this crime, you could end up with jail time, fines, or other penalties, depending on the type and amount of drug you allegedly possessed when arrested.

The legal team at the Cory Roth Law Office has successfully represented numerous clients who were accused of drug possession and other drug-related offenses. That’s why you can trust us to fight for you throughout your drug possession case. Contact our Houston law office today at 832-400-4133 to schedule a consultation with a skilled drug possession lawyer.

How Is Drug Possession Defined in Texas?

You could be charged with drug possession if you knowingly or intentionally possess one or more controlled substances that Texas law considers unlawful. These include illicit drugs and prescription medications that were not prescribed to you.

While possession of any controlled substance is a serious criminal charge that could lead to jail or probation, possession of certain drugs can result in more severe penalties than others. In fact, the Texas Controlled Substance Act created several penalty groups categorizing drugs based on how addictive they are and what medical uses they have. The first few penalty groups contain the most harmful drugs, which means charges involving them are punished more harshly than others.

The drug penalty groups in Texas include:

Group 1: This group includes some of the most addictive substances with little to no recognized medical use in the U.S., such as heroin, cocaine, and methamphetamine. These drugs are associated with high rates of abuse and severe physiological and psychological dependency, which is why offenses involving these substances carry the harshest penalties.
Group 1A: Exclusively for lysergic acid diethylamide (LSD), reflecting its potent psychoactive properties. Despite some research suggesting potential medical benefits, its legal status remains strictly controlled due to its powerful effects and historical misuse.
Group 1B: Recently added to address the rising concerns over fentanyl, a synthetic opioid significantly more potent than heroin. Its inclusion underscores the state’s priority in combating the opioid crisis.
Group 2: Includes hallucinogens like PCP and MDMA (ecstasy), recognized for their psychoactive effects and moderate to low physical dependence but high psychological dependency.
Group 2A: Focuses on synthetic cannabinoids, which mimic the effects of THC but often have unpredictable and severe effects, leading to acute health crises.
Group 3: Contains drugs with a moderate to low potential for abuse and recognized medical uses, such as anabolic steroids and some prescription medications like Xanax and Valium. The abuse of these substances often stems from their psychoactive effects, despite their medical legitimacy.
Group 4: Comprises compounds containing limited quantities of narcotic substances, often used medically for pain relief but with potential for abuse in higher concentrations.

Note that marijuana isn’t included in the drug penalty groups. This is because its properties would put it in the group 1 drug penalty group, but the state does not wish to punish marijuana charges as harshly as the others. It’s still illegal to possess marijuana for recreational purposes in Texas, so you need legal support if you’re accused of this crime.

What Are the Penalties of Drug Possession Charges?

Drug possession can be charged as a misdemeanor or felony, depending on the specific drug and quantity that you’re accused of possessing. In general, if you’re caught with a small amount of a drug in penalty group 4, you’re facing a Class B misdemeanor, while a moderate amount of a drug in penalty group 2 or 3 could be a third-degree felony.

The most serious drug charge is a first-degree felony, which you might face for a large quantity of drugs in any penalty group. Your Houston drug possession lawyer will let you know what penalties to expect for your charge, but it’s helpful to know the typical jail time and fines for felonies and misdemeanors in this state. They include:

Class B misdemeanor: Fines up to $2,000 and up to 180 days in jail
Class A misdemeanor: Fines up to $4,000 and 180 days to one year in jail
State jail felony: Fines up to $10,000 and 180 days to two years in jail
Third-degree felony: Fines up to $10,000 and two to ten years in prison
Second-degree felony: Fines up to $10,000 and two to 20 years in prison
First-degree felony: Fines between $50,000 and $250,000, plus 5 to 99 years in prison

In addition, it will be challenging to find housing or employment in the future with a felony conviction on your criminal record. If you can’t afford such penalties, it’s time to contact an experienced Houston drug possession lawyer for a chance to get the charges dismissed or reduced so you can avoid the maximum punishment.

What Should You Do If You’re Arrested for Drug Possession in Houston?

Experiencing an arrest for drug possession can be daunting and stressful. To mitigate the potential impact on your future, it’s vital to handle the arrest with composure and informed actions. Remain calm and respectful throughout the interaction with law enforcement to avoid escalating the situation. Crucially, refrain from making any statements or admissions, as these can be used against you in legal proceedings. It’s important to wait for legal representation before discussing any aspects of your case. Contact a competent Houston drug possession attorney as soon as you can. An attorney will clarify the charges and work with you to craft a defense strategy that considers all available evidence and potential legal avenues.

What Are the Long-Term Consequences of a Drug Possession Conviction?

A drug possession conviction can have far-reaching effects on your life, affecting employment, housing, education, and more. The consequences of a criminal record extend well beyond immediate legal penalties and can impact every aspect of your future.

Employment Challenges: Many employers conduct background checks, and a drug conviction can severely limit your job prospects. Certain fields like healthcare, education, and government may be inaccessible due to licensing and regulatory standards that require a clean criminal record.

Housing and Social Impact: Securing housing can be difficult as many landlords perform background checks. The stigma of a drug conviction can also strain personal relationships and lead to social isolation, impacting your mental health.

Educational and Licensing Obstacles: Drug convictions can hinder your educational opportunities, making you ineligible for federal student aid and potentially denying you admission to certain colleges. Similarly, professional licenses may be suspended or revoked, affecting careers in nursing, teaching, and other fields.

Driving and Civil Rights: A conviction can result in suspended driving privileges, complicating daily transportation needs and increasing insurance costs. Additionally, in Texas, felony convictions can strip you of certain civil rights like voting and serving on a jury.

Financial Stability: The long-term financial impact includes not only potential fines and legal fees but also reduced earning potential and higher costs for insurance and transportation, which can undermine financial stability for years.

How Does Texas Law Treat Marijuana Possession Differently?

Texas classifies marijuana possession differently from other controlled substances, often resulting in lighter penalties for minor amounts. However, larger amounts or evidence of distribution still result in severe charges. Recent legislative sessions have seen heated debates and some progress toward more lenient laws, reflecting a shifting public perception and growing acceptance of marijuana’s medical benefits.

As of now, possession of small amounts of marijuana is typically charged as a misdemeanor in Texas. For instance, possessing under two ounces can lead to up to 180 days in jail and a fine, but these penalties are often lighter than those for drugs classified in Penalty Groups 1 and 2. Nonetheless, possession of larger amounts or any intent to distribute can elevate charges to felony levels, carrying much stiffer penalties.

For those facing marijuana possession charges in Houston, it’s important to have legal support that understands both the current laws and the potential for changes that could affect your case.

What Are Common Defenses Against Drug Possession Charges?

Defending against drug possession charges often involves questioning the validity of the evidence presented by the prosecution. Common defenses include challenging the legality of the search warrant or the search and seizure method itself. If the police executed a search without proper judicial authorization, or if the method violated constitutional guidelines, the evidence obtained might be excluded from use in court.

Asserting a lack of knowledge or intent is another defense, arguing that you were unaware of the drugs’ presence or that they were not yours. Furthermore, defense attorneys might dispute the actual substance, contesting the classification or the amount said to be in possession to undermine the charges.

Can Drug Possession Charges Be Expunged from Your Record?

While expungement can clear charges from your record, eligibility depends on specific criteria, such as the charge’s nature and your case’s outcome. If expungement isn’t viable, obtaining an order of nondisclosure might be an alternative, concealing your record from public databases while still visible to certain government bodies.

How Can You Avoid Drug Possession Charges in the Future?

Prevention of future drug possession charges involves a conscientious approach to personal behavior and an understanding of legal boundaries. Avoid situations where illegal drugs are present and educate yourself on the specifics of Texas drug regulations to prevent unintentional violations. Seeking help for substance abuse issues can also prevent future legal troubles by addressing the root cause of the behavior.

How Can a Houston Drug Possession Lawyer Help You?

A skilled drug possession lawyer is crucial when facing drug charges, as they bring experience in navigating Texas drug laws with a proactive and personalized defense strategy. At the Cory Roth Law Office, our attorneys delve deep into the specifics of each case, identifying procedural errors or rights violations—especially concerning search and seizure laws—that could significantly weaken the prosecution’s case.

Our approach is not just reactive but also anticipatory, seeking out opportunities to strengthen your defense from the outset. This includes challenging the validity of drug identification tests, the methods used in handling and storing substances, and broader aspects of your arrest, such as potential profiling or breaches in due process. We engage with professionals who can provide testimony to support your defense and negotiate with prosecutors to discuss the possibility of charge reduction or dismissal, based on a thorough analysis of the evidence and the credibility of witnesses.

In court, our seasoned lawyers’ presence can dramatically influence the outcome of your trial through strategic defense and rigorous advocacy, ensuring that your defense is both comprehensive and tailored to your unique circumstances. Whether it involves a motion to suppress evidence due to improper police procedure or a full trial by jury, having an experienced attorney by your side is decisive in achieving a favorable outcome.

Why Choose the Cory Roth Law Office for Your Drug Possession Case?

Choosing the Cory Roth Law Office means opting for a defense team that combines deep legal knowledge with a commitment to personalized client service. Our firm has a proven track record of success in defending against drug possession charges, underpinned by a robust understanding of both the letter of the law and its practical application in Texas courts.

We maintain open and transparent communication throughout your legal process, ensuring you are fully informed and actively involved in your defense strategy. Our goal is to protect your rights and achieve the best possible outcome for your situation. We provide aggressive legal representation and support, guiding you through the complexities of the legal system and helping you make informed decisions about your future.

If you’re concerned about the impact of a drug possession charge on your life and are looking for experienced legal assistance, contact the Cory Roth Law Office at 832-400-4133 to schedule a comprehensive consultation. Let our experienced lawyers help you navigate your charges and work towards securing a favorable resolution.