When you are charged with possession of a controlled substance or marijuana in Texas, the state must prove that you knowingly or intentionally possessed the substance without a valid prescription. A conviction like this can affect your life in a very serious way, perhaps impacting your future job prospects and having ramifications in divorce or child custody proceedings down the road. You need a tough advocate if you have been arrested for possession of a controlled substance or marijuana in Bexar or the surrounding counties. Call the Law Offices of Shawn H. Smith for an experienced criminal defense attorney who will fight to clear your name.
Texas drug charges are assigned a punishment level by both the type of substance and the amount of the substance. Here are the penalty groups for possession of a controlled substance, along with some of the more common substances contained within each penalty group.
1: Cocaine, heroin, opium, mehtadone, methamphetamine, GHB
2: 3, 4-methylenedioxy methamphetamine, psilocybin, amphetamine
3: Alprazolam, oxazepam, phenobarbital
4: Default category containing prescription drugs
Marijuana possession is separate from other controlled substances in that it does not fall in to one of the penalty groups. Aside from the amount of the substance and the type, there are other factors that may enhance the charge against you. If you sold or manufactured the substance, the penalty is often more severe. If you possessed the substance in a drug free zone, like the area surrounding a school, the charge will also be enhanced to a more severe punishment level. When defending a drug charge, you need to keep in mind that you need to attack both the underlying charge and any enhancements that have been applied. This is an approached that I have had success in the past using in order to get charges reduced for my clients, saving them from a higher punishment range than they deserved. Call me today so we can talk about your possession charge in a free consultation.
One of my favorite tactics to attack a possession charge is a motion to suppress the evidence. This motion basically asserts that some element of what the officer did when he searched you or your property was improper and violated your constitutional rights. While I believe that the police are generally good people and do a valuable service for our community, they do make mistakes. It is my opinion that when your constitutional rights are at stakes, they do not have the luxury of making mistakes. For this reason, I will fight aggressively to expose any errors made on the part of the arresting officers in order to protect your constitutional rights and have the charges dropped. Call me today for a consultation about your constitutional rights when being searched during an arrest.
Shawn Smith is an experienced Criminal Defense attorney serving the counties of Bexar, Guadalupe, Hays, Comal, Wilson and more. Call today for your free consultation, available nights and weekends for your convenience.