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Drug Possession

Travis County Drug Possession Defense Attorneys

Arrested for Drug Possession in Travis County, TX?

Facing drug possession charges can be a life-altering experience. If you've been accused of possessing illegal drugs in Travis County, the consequences could be severe, from jail time to hefty fines and a permanent criminal record. Cofer & Connelly, PLLC understands the seriousness of these charges and offers experienced legal defense to protect your rights and fight for the best possible outcome.

Our team of skilled attorneys is committed to defending those accused of drug possession in Travis County. We know that every case is unique and that a tailored approach is essential to providing the best defense.

If you're looking for an experienced Travis County drug possession lawyer, call (512) 991-0576 or contact us online today for a consultation.

Common Types of Drugs

Drug possession charges in Texas can involve a wide range of controlled substances. The state categorizes these substances into different penalty groups, each with its own set of regulations and potential punishments.

Here are some of the most common drugs involved in possession cases:

  • Marijuana (Cannabis): Although some states have legalized marijuana for medical or recreational use, Texas has not. Possession of even a small amount can result in criminal charges.
  • Cocaine: Found in Penalty Group 1, cocaine possession is treated as a serious offense in Texas, with penalties that can include long-term imprisonment and significant fines.
  • Methamphetamine (Meth): Also categorized under Penalty Group 1, meth possession carries severe penalties due to its high potential for addiction and abuse.
  • Heroin: Another Penalty Group 1 drug, heroin possession charges are harsh, reflecting the dangers associated with its use and distribution.
  • Prescription Drugs: Possessing prescription drugs like Xanax, Valium, or OxyContin without a valid prescription can lead to drug possession charges. These drugs are generally classified under Penalty Groups 3 and 4.
  • MDMA (Ecstasy): Classified under Penalty Group 2, MDMA possession can result in serious legal consequences.
  • Synthetic Cannabinoids: Often referred to as “K2” or “Spice,” synthetic cannabinoids are illegal in Texas, and possession can result in criminal charges.

Penalties for Drug Possession in Texas

The penalties for drug possession in Texas depend on several factors, including the type and quantity of the drug, whether it was intended for personal use or distribution, and whether you have prior convictions. Texas law divides controlled substances into penalty groups, with Penalty Group 1 covering the most dangerous drugs and Penalty Group 4 covering substances that are considered less harmful.

Here are the key factors that determine the severity of drug possession charges in Texas:

Drug Quantity

  • Small Amounts: Even possession of a small amount of a controlled substance can result in a misdemeanor or felony charge.
  • Larger Quantities: Possession of larger amounts can result in felony charges, which may lead to extensive prison sentences and significant fines.

Penalty Group

  • Penalty Group 1 (Cocaine, Heroin, Meth): Possession can result in a felony charge, with penalties ranging from 180 days in jail to 99 years in prison, depending on the quantity.
  • Penalty Group 2 (MDMA, Ecstasy): Penalties range from a state jail felony to a first-degree felony, with sentences from 180 days to life in prison.
  • Penalty Groups 3 and 4 (Prescription Drugs): Possession can result in a Class A misdemeanor to a felony, depending on the amount.

Additional Factors

  • Drug-Free Zones: Possession in drug-free zones, such as near schools, can lead to enhanced penalties.
  • Intent to Distribute: If law enforcement believes you intended to distribute the drugs, charges may be elevated to possession with intent to distribute, leading to more severe penalties.

Legal Defenses to Drug Possession Charges

Some common defenses include:

  • Lack of Knowledge: If you did not know the drugs were in your possession, this could be a valid defense. For instance, if someone left drugs in your car without your knowledge, you may not be legally responsible.
  • Unlawful Search and Seizure: The Fourth Amendment protects you from unreasonable searches and seizures. If law enforcement violated your constitutional rights by conducting an illegal search, the evidence obtained may be inadmissible in court, potentially leading to a dismissal of charges.
  • Medical Necessity: In some cases, particularly those involving prescription drugs, you may be able to argue that you had a legitimate medical reason for possessing the drugs, even if you lacked a valid prescription.
  • Constructive Possession: Proving actual possession of a drug is not always straightforward. The prosecution must show that you had control over the drugs. If the drugs were not in your immediate possession or control, your attorney may be able to argue that you were not in possession of the drugs.
  • Chain of Custody Issues: For evidence to be admissible, law enforcement must follow strict procedures in handling and storing evidence. If there were any errors in the chain of custody, your attorney could challenge the integrity of the evidence, which could result in its exclusion.

Why Choose Cofer & Connelly, PLLC?

At Cofer & Connelly, PLLC, we are committed to providing high-quality legal representation for individuals facing drug possession charges in Travis County. Our firm understands the complexities of Texas drug laws and the severe consequences a conviction can have on your future.

Here's how we can defend you:

  • Experienced Legal Team: Our attorneys have extensive experience handling drug possession cases in Travis County and throughout Texas.
  • Aggressive Defense Strategies: We are dedicated to protecting your rights and will aggressively fight to reduce or dismiss your charges.
  • Client-Focused: We prioritize communication and ensure that you understand every step of the legal process.

To speak to our team, contact us by calling (512) 991-0576 at your earliest convenience.

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