If you’re facing drug possession charges in Plano, Dallas or Fort Worth, it’s important to know you could be up against serious penalties. “How are drug-related charges prosecuted in Texas?” Drug charges can be prosecuted as misdemeanors or felonies depending upon the following:
- The type of drug
- The amount of drug
- What you intended to do with the drug
In Texas, the state’s drug statutes are covered under the Health and Safety Code, which is also known as the Texas Controlled Substances Act. Under the Act, there are several penalty groups: Penalty Group 1 through 5. Penalty Group 1 for example (the most serious), includes cocaine and heroin. Some of the drugs included in Penalty Group 2 includes PCP and ecstasy.
Depending on the three factors mentioned above (e.g. type and amount of drug), you could be facing hefty fines and a lengthy sentence. If you’re familiar with the criminal justice system, you may be wondering, “Can I enroll in a diversion program for a drug possession charge?” This is a valid question because diversion allows defendants to avoid the stigma of a criminal conviction.
Collin County’s Diversion Program
Collin County does have a diversion program, which is great for defendants who qualify. Why? Because, upon successfully completing a diversion program, defendants avoid a conviction and the stigma of a criminal record.
The next question is, do you qualify for diversion? If you’re facing drug-related DWI charges, you do NOT qualify for diversion, but if you’re facing drug possession charges that are not connected to a DWI, you may qualify.
The following would disqualify you from diversion:
- Any adult felonies on your record
- Any convictions for violent misdemeanors
If you’re facing drug possession charges, we highly recommend contacting our firm to find out if you qualify for diversion. Even if you don’t think you qualify because of your criminal record, it’s worth finding out if the prosecutor is willing to make an exception.
Contact us to schedule a consultation with a Plano drug possession lawyer.