It’s no secret that drugs are common in Keller. There are many individuals that are selling and using drugs. What happens when they get caught, though? Well, if they’re not properly represented, then they face severe jail time.
WHAT ARE DRUG CRIMES?
A drug crime is any crime that involves a controlled substance. However, there are many types of drug crimes.
POSSESSION OF A CONTROLLED SUBSTANCE
Possession is one of the most common drug crimes. This occurs when someone owns, controls, manages, or has custody of an illegal substance or drug. At times, more than one person can be in possession of the drugs.
Typically, possession charges involve illegal drugs, such as cocaine, marijuana, and methamphetamine. But you can face charges for having prescription medications. This occurs when you don’t have the right prescription for the medication.
For you to be found guilty of possession, you must be aware of possession. It’s up to the prosecution to prove that you knew you had the drugs and that you meant to have them in your possession. They do not need to prove that you used or intended to use the drugs.
In some cases, the police find drugs in vehicles. This could happen at a traffic accident or during a traffic citation. If the police find drugs in your car, you could face possession charges. Drugs in a large quantity could result in intent to deliver charges.
The challenge of prosecuting for drugs in vehicles is proving that the driver knew the drugs were present. To successfully convict the driver, the prosecutor needs to show that the driver knew they were there or that the drugs were visible. If a vehicle has multiple passengers, it could be difficult for the prosecutor to prove which passenger was in possession of the controlled substance.
Although some people are allowed to use medical marijuana in Texas, it is still a controlled substance. In fact, the state only allows people who meet strict medical requirements.
If you don’t have a medical marijuana card, you cannot possess or use the substance. There is a move to decriminalize marijuana use. However, for the time being, it’s a serious crime. It’s important to stay aware of the changing marijuana laws and to comply with them. If you don’t, you may need a criminal attorney in Keller.
DRUG DISTRIBUTION, MANUFACTURING AND TRAFFICKING
Possession isn’t the only drug crime. If you are caught with drugs in your possession, there’s a chance you’ll also face charges for the intent to deliver. This crime is sometimes referred to as drug dealing, drug trafficking, or the intent to distribute drugs.
Typically, you will face charges for this crime if you have more than a certain amount of drugs in your possession. The more drugs you have, the more likely it seems that you are interested in selling them.
Drug trafficking charges can be very serious. Depending on your circumstances, the Drug Enforcement Administration or the Federal Bureau of Investigation could get involved. Your case might take place in a federal courtroom, rather than a state court. Unfortunately, this could mean a mandatory minimum sentence and harsher consequences.
THE CONSEQUENCES OF DRUG CRIMES
Any drug-related conviction can have a permanent impact on your life. For one, you can go to prison. Your life will get put on hold until you get out. Once you do your time, your life may never be the same. You could have a lengthy parole or restrictions on your travel. When you apply for jobs, employers could deny you because of your criminal record.
Even finding housing could become a problem. If a prospective tenant runs a background check on you, they could find out about your criminal history.
JAIL TIME AND DRUG CRIMES
Other crimes, like assault, often result in misdemeanor offenses. But drug crimes are much more likely to be felonies. If you have a prior offense for the delivery of a controlled substance, your latest drug crime will be a felony. As such, you need to serve time in a state jail. Individuals with two prior charges have even harsher consequences. Their third offense is an automatic third-degree felony.
WORKING WITH AN AGGRESSIVE ATTORNEY
One of the top ways to fight your charges is to work with an aggressive and experienced attorney. Here at Cole Paschall Law, we know what you have to lose. We work hard to fight for your freedom. Contact us today to learn more about what we can do for you.