Plano Drug Possession Lawyers

Strategic & Aggressive Counsel for Collin & Denton County Clients

If you have been charged with drug possession, it is always a good idea to take the time to speak with a knowledgeable criminal defense lawyer at Zen Law Firm. With the help of an experienced attorney, you could reduce or eliminate the severe consequences that accompany a drug crime conviction. Drug possession and other controlled substance-related crimes are considered to be very serious, and you cannot expect law enforcement agencies to “go easy” on offenders. Even if this is your first criminal charge, it is very important that you contact a lawyer who can inform you of your rights and help ensure that your freedom is protected.

Drug possession charges commonly involve the following:

No matter what your case involves, you deserve to have the help and assistance of an experienced, aggressive, and knowledgeable attorney. Zen Law Firm is fully prepared to fight for your constitutional rights and provide you with the best chance at a positive outcome.

Contact a Plano drug possession attorney at Zen Law Firm today.

Texas Law & Drug Possession: Varying Penalties

There are five penalty groups. Marijuana is in a class by itself. Each group contains certain named substances. For example, Penalty Group 1 includes cocaine and heroin; Group 2 includes ecstasy and PCP. Ritalin, Valium, and LSD are in different groups. Each penalty group has its own level of penalty, based on the amount of the drug that you are alleged to have had in your possession. Being convicted of possession of 1 gram of cocaine will result in a state jail felony. If the amount of cocaine is between 1 and 4 grams, you will be charged with a 3rd degree felony. 

We can help you fully understand the potential penalties and the level of the charges against you. We can also provide you with a defense strategy geared to reduce the charge, obtain a dismissal, or win an acquittal at trial. Other contributing factors to the level of the possession charge will be where the arrest was made and whether a case can be made that there was intent to sell. If the arrest was made in a designated drug-free zone, such as a school, playground, or video arcade, the penalty will be increased one level. For example, in the example above where 1 gram of cocaine is filed as a third-degree felony charge, an arrest made in a drug-free zone will result in a second-degree felony charge.

Penalties for a Marijuana Possession Conviction

Like other drug-related crimes, the consequences of a conviction vary depending on the quantity of marijuana that you were convicted of possessing. 

Generally, the following guidelines apply:

• 2 ounces or less: Class B Misdemeanor, up to 180 days in jail and up to a $2,000 fine
• 2 – 4 ounces: Class A Misdemeanor, up to 1 year in jail and up to a $4,000 fine
• 4 oz – 5 lbs: State jail felony, minimum of 180 days – 2 years in a state jail, and up to a $10,000 fine.
• 5- 50 lbs: Third-degree felony, minimum of 2 – 10 years in jail, and up to a $10,000 fine
• 50 – 2,000 lbs: Second-degree felony, minimum of 2 – 20 years in jail, and up to a $10,000 fine
• More than 2,000 lbs: First-degree felony, minimum of 5 – 99 years in jail, and up to a $50,000 fine

Have You Been Arrested for Possession with Intent?

Texas has a complex method of assigning penalties to illegal drug possession convictions. The Texas Health and Safety Code has five separate groups that specify individual drugs and assign a sliding scale penalty calculation based on amounts. Marijuana is treated separately, making a total of six categories. Punishment is based on the class of crime determined by the type and amount of drug, and ranges in classification from class C misdemeanors to 1st degree felonies. Also, the penalties for convictions of these crimes range from community service to serious jail time. There are enhanced penalties that can be imposed by the court for drug offenses committed in certain areas, called drug-free zones. 

There are also enhanced penalties for possession with intent to distribute. Being charged with possession in a drug-free zone can result in a conviction for possession with intent to deliver. Drug-free zones are schools, arcades, day care centers, etc. It does not make any difference to the prosecutor whether or not you were aware that you were near a school or other drug-free zone. This is a serious matter that must be addressed with a high level of professional legal skill if you hope to avoid consequences such as a felony conviction for possession of a very small amount of a controlled substance.

Possession with Intent vs. Simple Possession

A prosecutor will use highly circumstantial factors when deciding to charge someone with intent to distribute. Sometimes a person can be charged because of the amount of drugs found in that person’s possession or on that person’s property. Other times, items such as scales, plastic bags, weapons, or cash could be factors. Since law enforcement officials are often especially eager to prosecute drug crimes, it’s especially important to seek representation early in the criminal process for drug crimes. Depending on the quantity and type of controlled substance, a conviction for felony possession with intent to distribute charges means that you could be facing years in prison with hefty fines and a possible felony conviction on your record. A felony conviction on your record could haunt you for years and could limit your employment opportunities long after you serve your jail time.

Contact us at (469) 361-8561 immediately to arrange an appointment with one of our Plano drug possession attorneys so that we can move into action for you.