Possession of a Controlled Substance
Drug possession charges can lead to serious consequences like long prison sentences and thousands of dollars of fines. Moreover, the damage to your reputation, criminal record, and career can be permanent. Many people aren’t even aware of other penalties like driver’s license suspension and loss of the right to vote or possess a firearm. If you are facing drug charges, you need an experienced Dallas drug possession lawyer in your corner.
Dallas Drug Possession Lawyer
Innocent people can get charged and convicted in Dallas. Moreover, good people who’ve simply made a mistake can get railroaded into a terrible outcome. The key is having a dedicated Dallas possession of a controlled substance lawyer fighting for you.
The good news is the prosecutor is required to prove their allegation beyond a reasonable doubt. This is the highest burden of proof in our justice system. The court must find you not guilty if the prosecutor cannot rule a single reasonable doubt. This can be a powerful defense when implemented by a skilled Dallas drug possession lawyer. Finally, a strong defense can lead to fantastic outcomes. For example, acquittal, rejection of charges, grand jury no-bill, diversion, dismissal, reduction of charges, or deferred probation are all possible.
A Different Kind of Lawyer
We approach our clients differently than a lot of lawyers. Above all, our philosophy is that being a great lawyer is more than getting you a great result. First, our office is centered around you. This means we start by truly listening to you to understand your case and your goals. Further, our team works to provide you with a client experience that is as easy and stress-free as possible. Answering your questions and keeping you informed is very important to us. Most importantly, we treat you as a person, not a number. Finally, our goal is to achieve the best possible result for you. If you’re looking for a different kind of lawyer, you’ve come to the right place.
Our Case Process
Listen & Understand
We focus on clients as real people. First, we list to understand who you are and what you need. Then we make sure we fully understand the facts of the case.
Open Communication
We explain the law, your rights, and the legal process. Because communication is very important to us, we strive to quickly answer questions and return communication.
Fight for Justice
Simply put: we fight hard for you. In the courtroom, in negotiations, and before a case even is officially opened, we fight for justice for you.
Possession of a Controlled Substance in Dallas
A person commits possession of a Controlled Substance (Texas Controlled Substances Act § 481.115 – .118) when they intentionally or knowingly possess a controlled substance. Possession, however, is not who the drugs belonged to. Rather, Texas law defines possession as care, custody, control, or management. When police find drugs near you (but not on you), they could still arrest you for drug possession. Courts weigh many legal factors to determine whether you legally possessed the drug. Drug possession charges usually involve some sort of police search or seizure which may or may not have been legal. An experienced Dallas drug possession lawyer can evaluate the facts of your case, advise you on your options. Perhaps most importantly, they can fight for your rights.
Defending Drug Possession Charges in Dallas
First and foremost, like all criminal charges, drug possession charges must be proved beyond a reasonable doubt. If the prosecutor cannot rule out each and every possible reasonable doubt, then the presumption of innocence prevails and you must be found not guilty. This means you don’t have to prove that you didn’t do it. You don’t have to prove anything! The only way the prosecution wins is if the jury believes the prosecution’s story is the only reasonable way it could’ve happened. If they have any reasonable doubts about whether you knew the drugs were there or were in possession at all, they must find you not guilty. Furthermore, some cases can be thrown out if the stop, search, seizure, or arrest were made illegally. A knowledgeable drug possession attorney in Dallas knows search and seizure law and can put it to use in your defense.
Resources and Information
See our criminal defense resource center for more information on fundamental rights in a criminal case, definitions of culpable mental states (intentionally, knowingly, etc), defenses to prosecution, and more. For information, see our possession of marijuana page.
Penalty Groups for Controlled Substances
The Texas Controlled Substances Act governs penalties for drug possession. It categorizes penalties for drug possession by which penalty group the drug belongs to.
Penalty Group 1 – Includes common street drugs like methamphetamine, heroin, and cocaine as well as hydrocodone.
Penalty Group 1A – Includes lysergic acid diethylamide (LSD)
Penalty Group 2 – Includes THC oil, ecstasy (molly or MDMA), mescaline, hashish.
Penalty Group 3 – Includes alprazolam (Xanax bars), diazepam (Valium), many other prescription drugs, peyote, steroids, salvia divinorum,
Penalty Group 4 – Compounds or mixtures that contain small amounts of certain narcotic drugs.
Penalties for Drug Possession
Drug Possession – Penalty Group 1
Less than 1 gram is a state jail felony. As a result, you could face 6 months – two years imprisonment and up to a $10,000 fine.
1-4 grams is a third-degree felony. As a result, you could face 2 – 10 years imprisonment and up to a $10,000 fine. If the prosecutor charges it as intent to deliver, the punishment range goes up 1 degree.
4 to 200 grams is a second-degree felony, as a result, you could face 2 – 20 years imprisonment and up to a $10,000 fine. If the prosecutor charges it as intent to deliver, the punishment range goes up 1 degree.
200 to 400 grams is a first-degree felony. As a result, you could face 5 – 99 years or life imprisonment and up to a $10,000 fine. If the prosecutor charges it as intent to deliver, the minimum sentence goes up to 10 years.
400 grams or more is an enhanced first-degree felony. As a result, you could face 10 – 99 years or life imprisonment and up to a $10,000 fine.
Drug Possession – Penalty Group 2
Less than 1 gram is a state jail felony. As a result, you could face 6 months – 2 years imprisonment and up to a $10,000 fine. If the prosecutor charges it as intent to deliver, the punishment range goes up 1 degree.
1- 4 grams is a third-degree felony. As a result, you could face 2 and-10 years imprisonment and up to a $10,000 fine. If the prosecutor charges it as intent to deliver, the punishment range goes up 1 degree.
4 – 400 grams is a second-degree felony. As a result, you could face 2 – 20 years imprisonment and up to a $10,000 fine. If the prosecutor charges it as intent to deliver, the punishment range goes up 1 degree.
400 grams or more is a first-degree felony. As a result, you could face 5 – 99 years or life imprisonment and up to a $10,000 fine.
Drug Possession – Penalty Group 3
Less than 28 grams is a Class A misdemeanor. As a result, you could face up to 1 year imprisonment and up to a $4,000 fine.
28 – 200 grams is a third-degree felony. As a result, you could face 2 – 10 years imprisonment and up to a $10,000 fine. If the prosecutor charges it as intent to deliver, the punishment range goes up 1 degree.
200 – 400 grams is a second-degree felony. As a result, you could face 2 – 20 years imprisonment and up to a $10,000 fine. If the prosecutor charges it as intent to deliver, the punishment range goes up 1 degree.
400 grams or more is an enhanced first-degree felony. As a result, you could face 5 – 99 years or life imprisonment and up to a $50,000 fine.
Drug Possession – Penalty Group 4
Less than 28 grams is a Class B misdemeanor. As a result, you could face up to 6 months imprisonment and up to a $2,000 fine.
28 – 200 grams is a third-degree felony. As a result, you could face 2 – 10 years imprisonment and up to a $10,000 fine. If the prosecutor charges it as intent to deliver, the punishment range goes up 1 degree.
200 – 400 grams is a second-degree felony. As a result, you could face 2 – 20 years imprisonment and up to a $10,000 fine. If the prosecutor charges it as intent to deliver, the punishment range goes up 1 degree.
400 grams or more is an enhanced first-degree felony. As a result, you could face 5 – 99 years or life imprisonment and up to a $50,000 fine.
Dallas Drug Possession Lawyer Mike Howard
Above all, I strive to help my clients through difficult times with compassion and integrity. In Dallas innocent people can get accused, charged, and convicted when they don’t have a Dallas drug possession lawyer fighting for them. I believe in standing up for people facing criminal accusations and helping them navigate all that comes with being thrown into the criminal justice system.
Client-Centered
The cornerstone of my law practice is focusing on my clients as individuals. I start by taking the time to understand not just the facts of their case, but who they are and what they need. Because I know the criminal justice system can be intimidating, I explain the process, their rights, and their options. Client communication is extremely important to me, so I make sure my team and I do everything possible to quickly answer questions and return messages.
Willing to Fight
Most importantly, I am willing to fight a case in court. I have a track record of delivering fantastic results at trial. While not every client and case needs to go to trial, it can make a difference. When your Dallas possession of a controlled substance lawyer has a reputation as a skilled trial lawyer who fights for their clients, however, it can make all the difference in the world.
A Proven Track Record
Dallas Drug Possession Lawyer
N.P. –Possession with the Intent to Deliver 4-200g
My client was charged with a first-degree intent to deliver drug case. The police showed up after a noise complaint and barged in to search. They argued they saw a gun and that made it legal. We investigated and it turned out to be a child’s toy. The judge agreed that the search was illegal and thew out the drugs.Case dismissed.
B.B. –Possession of a Controlled Substance 1-4 grams
My client had a serious heroin problem that was ruining his life. Besides this felony drug charge, he was also facing a serious of theft cases in multiple counties. We got him into adiversion programand got all his casesdismissed.
T.G. –Possession of a Controlled Substance
Our client was a young lady got into an argument with her drunk boyfriend. The police arrive and arrest her for public intoxication. She had no idea that her boyfriend’s Adderall was in her purse.We convinced the grand jury to dismiss her case.
M.S. –Possession of Marijuana
Our client was a young man who simply got caught with a little marijuana on him. Rather than let it change the trajectory of his entire life, we got him into adiversion programand got the casedismissed.
