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Possession of a Controlled Substance

Possession of a Controlled Substance

The Major Law Firm handles cases involving all types of drugs, including cocaine/crack, heroin, marijuana, ecstasy (MDMA), methamphetamines and prescription drugs. Whether you are charge with a user level amount or a distribution level amount, The Major Law Firm can guide you through this troubling time. We have successful obtained the dismissal of state drug charges and helped our clients get pretrial diversion. If you have been arrested for a drug crime, it is critical that you protect your rights by retaining an experienced federal drug crimes attorney. For a vigorous defense call The Major Law Firm. Drug offenses we can successfully defend: 

• Manufacture and delivery of a controlled substance
• Possession of a controlled substance
• Possession with the intent to delivery a controlled substance
• Asset forfeiture  

The penalties for drug convictions are as follows:

• A Class B misdemeanor conviction can result in a jail sentence up to 180 days (6 months) and/or a fine not more than $2,000. 
• A Class A misdemeanor conviction can result in a jail sentence up to 1 year and/or a fine up to $4,000. 
• A state jail felony conviction can result in a jail sentence of up to 180 days (6 months) to two years and/or a fine more than $10,000. 
• A third-degree felony conviction can result in a prison sentence between two and ten years and/or a fine not more than $10,000. 
• A second-degree felony conviction can result in a prison sentence between two and twenty years and/or a fine not more than $10,000.
• A first-degree felony conviction can result in a prison sentence between five and ninety-nine years or life imprisonment and/or a fine not more than $10,000.

A defendant can be charged with possession of a controlled substance if they knowingly or intentionally possess a controlled substance. A defendant can be charged with possession of drug paraphernalia if they knowingly or intentionally use or possess with the intent to use drug paraphernalia for planting, cultivating, growing, harvesting, manufacturing, compounding, containing a controlled substance. Possession of drug paraphernalia is a Class C misdemeanor.   

Under Texas law drugs are grouped into “penalty groups.” The various penalty groups determine the severity of the charge based on the quantity of the drug. Penalty group 1 is the most serious of the penalty and it contains the harshest criminal penalty. Drugs that are grouped in penalty group 1 include cocaine, ecstasy (MDMA), and heroin. This is not an exhaustive list. Contact The Major Law to determine which group a drug you are accused of possessing is in and the penalties associated with that charge.  

Penalty Group 1-A contains LSD, Penalty Group 2 includes substances such Psilocybin, cathinone, magic mushrooms, bath salts, MDMA/ecstasy, and other hallucinogens. Penalty Group 3 includes substances such as Xanax, Valium, Lysergic acid, Zolpidem, and Ambien.  

Marijuana is the most possessed drug in Texas. A charge involving less than two ounces is a Class B misdemeanor, which carries a penalty of up to 6 months and a $2,000 fine. First degree marijuana possession requires the defendant to possess more than 2,000 pounds of marijuana.   

An aggravating factor of drug crimes, is if the drug possession occurred in a school zone, if a firearm was possessed, whether the offense involved a child under the age of 18 or if there was intent to sell or deliver. For example, the school zone aggravating factor includes any “drug free zones.” Drug free zones includes elementary and secondary schools, junior colleges or professional schools, outdoor playgrounds, video arcades, and public swimming pools. Generally speaking if you are arrested in a drug free zone, the state can charge you at the next penalty level. If you possessed what would normally be a Class B misdemeanor amount of drugs in a drug free school zone the prosecution could charge with a Class A misdemeanor.  

There are a number of defenses and strategies that The Major Law Firm will employ on your behalf in a federal drug case, including:

• Using pretrial motions to seek the suppression of evidence obtained as a result of an illegal search and seizure 
• Using pretrial motion to exclude hearsay statements  
• Using pretrial motions to seek the suppression of evidence obtained as a result of a search performed pursuant to a search warrant that was not supported by probable cause  
• Trying your case to jury, if the prosecution does not have sufficient evidence to prove their case 
• Negotiating a favorable plea agreement to minimize your exposure to harsh penalties
• Using pretrial motions to suppress illegal wiretaps 

If you are under investigation or have been charged with any drug or conspiracy crime, it is in your best interest to retain an attorney who is willing to aggressively defend your rights and your freedom. The Major Law Firm has a positive track record for achieving positive results for his clients. Call us today for your free, confidential consultation.

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