Have You Been Arrested For Possession With Intent In Plano, Texas?
Texas has a complex method of assigning penalty 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 range 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 of 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
Many times 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.
Plano Drug Crime Defense Lawyer: Get Help Now
It takes very little to increase a simple possession charge to a possession with intent charge – it can be based simply on the location where the arrest occurred. The amount of the drugs alleged to have been in your possession will impact the level of the charge against you. For example, in one penalty group having 2 grams of cocaine rather than 1 gram of cocaine will result in being penalized far more severely. The amount of the controlled substance is the most significant factor in the state’s allegation that you had the intent to sell the drug, but the presence of other evidence may also be taken into consideration. For example, evidence of drug paraphernalia such as scales, cash, wrapping materials and other similar items will support the prosecutor’s case that you intended to sell the drug. Our attorneys at the Zendeh Del Law Firm, PLLC, are well-versed in criminal law and highly experienced in presenting a well-supported and compelling defense case for clients facing charges of possession with intent. Timing can be a very important issue in felony charges, and it is essential that we get involved in your defense as early as possible – prior to formal charges being filed, when possible.
Contact us immediately to arrange an appointment so that we can move into action for you.