Possession of a controlled substance charges are very common throughout Dallas and the surrounding counties.  The types of drugs that qualify as a “controlled substance” vary widely and are numerous.  The most common drug related substances that are considered controlled are cocaine, methamphetamines, heroine, steroids and even marijuana that has been placed in a vape pen as an oil based substance.  This page is dedicated to assisting those that have been charged with a possession of controlled substance.  If, after reading this page, you would like to discuss your particular criminal charge with an experienced possession of controlled substance defense lawyer, feel free to contact our attorneys at 214-321-4105.

Legal Definition of Possession

Chapter 481 of the Texas Health and Safety Code defines possession as follows:

• “Possession” means actual care, custody, control, or management.

Each one of these words has a specific legal definition and must be evaluated on a case by case basis.  However, merely being next to an item does not mean that you possess it.  If a charge is based on the false premise that an item was in your possession simply because it was found near you does not always equate the actual possession of that item or substance.  If you have been charged with possessing a controlled substance that you know or think you did not actually possess, we highly suggest you contact our possession of controlled substance lawyers to discuss your particular facts.

Penalty Groups For Controlled Substances

There are five basic penalty groups for a controlled substance.  The substances within those groups are too numerous to list in this article.  However, a complete list of controlled substances can be found in the Texas Health and Safety Code Chapter 481.  What is important to understand is that illegally possessing any of the described substances can cause a charge to be filed.  In most cases, if the amount alleged is less than a gram, then the person will be charged with a state jail felony.  These are the most common types of charges that are filed in felony district courts across the State of Texas.  If you have been charged with a state jail felony for possession of a controlled substance, we highly suggest you contact our drug possession attorneys to discuss what can be done to fight the charge and protect your record.

Most Common Punishment Range For Possession of a Controlled Substance

The most common cases filed in district courts across Texas are cases involving a gram or less of a controlled substance in this instance, the case is usually filed as a state jail felony.  State Jail felonies carry a range of punishment of not less than 180 days and not more than 2 years in jail.  This type of charge also carries a fine not to exceed $10,000.00.  This punishment range does not necessarily mean that the person charged with a state jail felony will be subject to the punishments listed.  It is the job of a felony possession defense lawyer to mitigate any punishment range a defendant would be subject to.  For this reason, if you have been charged with a felony possession of controlled substance and need legal advice on how to defend your case, feel free to contact our criminal defense lawyers at 214-321-4105.

Hire A Lawyer For A Felony Possession Case

The key to defending yourself against the charge of felony possession is to get a criminal defense lawyer involved in your case early.  An experienced felony possession attorney needs to begin to uncover all the evidence related to your case to establish that it can be proven beyond a reasonable doubt.  Issues related to possession, the type of substance, whether that substance can be tested and verified and the punishment range and recommendation for punishment all need to be started as early as possible.  If you would like to discuss your felony possession case with our criminal attorneys, call today.