Lubbock County Drug Possession Lawyer

Charged with Drug Possession in Lubbock County, TX?

If you’re facing drug possession charges in Lubbock County, it’s vital to have a skilled attorney by your side who understands the complexities of Texas drug laws. At Cofer & Connelly, PLLC, our experienced criminal defense team is ready to fight for your rights, protect your future, and help you navigate the legal system with confidence. Texas takes drug possession offenses seriously, but with the right defense, you may be able to avoid or minimize penalties.

Contact the Lubbock County drug possession defense attorneys at Cofer & Connelly, PLLC today at (806) 298-6518 to find out how we can help navigate your case and determine the best possible defense strategy.

Common Types of Drugs

Texas law classifies controlled substances into different penalty groups, which determine the severity of the charges and penalties. The most common drugs involved in possession charges include:

• Marijuana: Although cannabis laws are changing across the U.S., possession of any amount of weed in Texas is still illegal. Even a small quantity can result in a misdemeanor charge, while larger amounts can lead to felony charges.
• Cocaine: Cocaine is classified as a Penalty Group 1 substance, meaning possession of any amount can lead to harsh penalties, including significant prison time and large fines.
• Methamphetamine: Methamphetamine, like cocaine, falls under Penalty Group 1 in Texas. Possession of even a small amount can result in severe criminal charges.
• Heroin: Heroin possession carries some of the harshest penalties under Texas law. It is also a Penalty Group 1 substance, making any amount a serious offense.
• Prescription Drugs: Possessing prescription medications, such as Xanax, OxyContin, or Adderall, without a valid prescription can also result in drug possession charges. Prescription drugs are classified based on their active ingredients and potential for abuse.

Simple Possession vs. Possession with Intent in Texas

The distinction between simple possession and possession with intent to distribute is significant in Texas. Depending on the quantity of the drug and the circumstances of your arrest, you could face different charges with varying degrees of severity.

Simple Possession

Simple possession refers to the unlawful possession of a controlled substance for personal use. This charge is typically brought when small amounts of drugs are found, and there is no evidence of intent to sell or distribute the substance. Depending on the type and amount of drug, simple possession can be charged as a misdemeanor or felony.

Possession with Intent to Distribute

If law enforcement believes you had the intent to distribute or sell drugs, you could be charged with possession with intent to distribute. Factors that may lead to this charge include the presence of large quantities of drugs, packaging materials, scales, or large sums of cash. Possession with intent carries much more severe penalties, often involving lengthy prison sentences and substantial fines.

Penalties for Drug Possession in Texas

The penalties for drug possession in Texas vary based on the type and quantity of the substance, as well as the circumstances of your arrest. Common penalties include:

• Fines: Drug possession convictions can lead to substantial fines, ranging from hundreds to tens of thousands of dollars.
• Incarceration: Depending on the severity of the charge, you could face jail or prison time. Misdemeanor convictions may result in up to one year in jail, while felony convictions can carry sentences of several years to life in prison.
• Probation: In some cases, you may be eligible for probation instead of jail time. This involves meeting certain conditions, such as regular check-ins with a probation officer, drug testing, and attending treatment programs.
• Criminal Record: A conviction for drug possession can have long-lasting consequences, including a permanent criminal record, which can affect your ability to find employment, secure housing, or obtain certain professional licenses.

Legal Defenses to Drug Possession Charges

When facing drug possession charges in Lubbock County, you may feel like your options are limited. However, there are several potential defenses that can be used to challenge the prosecution's case. Some common defenses include:

• Illegal Search and Seizure: Under the Fourth Amendment of the U.S. Constitution, you are protected against unlawful searches and seizures. If law enforcement conducted an illegal search, any evidence they obtained could be excluded from the case. For example, if the police searched your vehicle or home without a warrant or probable cause, your attorney may be able to suppress the evidence, potentially leading to a dismissal of the charges.
• Lack of Possession: In some cases, it may be possible to argue that the drugs in question were not yours or that you were unaware of their presence. This defense is often used when multiple people are present in a vehicle or home where drugs are found. Proving that you did not have control over the drugs can lead to a reduction or dismissal of charges.
• Constructive Possession: Constructive possession occurs when drugs are found in an area under your control, but not directly on your person. In these cases, it can be challenging for the prosecution to prove that the drugs were in your possession, especially if others had access to the area.
• Insufficient Evidence: The prosecution must prove every element of the charge beyond a reasonable doubt. If there is insufficient evidence to support the charge, your attorney can argue for a reduction or dismissal. This may include questioning the reliability of witness testimony, challenging the chain of custody for the drugs, or disputing the accuracy of lab results.
• Medical or Prescription Defense: If you were in possession of prescription medication but didn’t have the prescription with you at the time of your arrest, providing proof of a valid prescription could result in the charges being dropped.

If you’ve been charged with drug possession in Lubbock County, don’t wait to seek legal representation. At Cofer & Connelly, PLLC, our dedicated criminal defense attorneys have extensive experience handling drug possession cases and are committed to protecting your rights. We will fight to get the best possible outcome for your case, whether that means negotiating a reduced charge or challenging the evidence in court.

Contact us today at (806) 298-6518 to request an initial consultation.