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Charged with Possession of a Controlled Substance? Protect Your Future with the Help of Houston Drug Lawyer Charles Johnson
Charges of Possession of a Controlled Substance (POCS) in the Houston area are quite common. Often times the controlled substance charge results after someone has already been arrested. For example, someone is arrested for DWI, public intoxication or an outstanding warrant and the controlled substance is found after arrest or during the process of being booked in to the Harris County Jail. Whether it’s a loose Vicodin pill in your purse or a Xanax pill that your friend gave you, drug charges can be filed. Conviction for possession of controlled substances can leave you with a large fine, loss of property, or a jail sentence. Conviction for this offense will go down on your record and can affect your chances of getting a job, renting an apartment or home, or hinder your chances of getting an education loan. If you or someone you love has been arrested and charged for possession of a controlled substance in the Houston area or anywhere in Texas, contact Houston Drug Defense Lawyer Charles Johnson today to get the experienced criminal defense you need and deserve. The Charles Johnson Law Firm has offices located in Houston, Dallas, Austin and San Antonio for your convenience. Attorney Johnson will speak to you whenever you need him. He can be reached directly at (713) 222-7577 24 hours/day, any day of the year. Possession of a Controlled Substance in Texas Under Texas Health and Safety Code §§ 481.115 – 481.118, an individual can be charged with the offense of possession of a controlled substance (POCS) if they knowingly or intentionally possess any of the substances listed in Penalty Group I-IV without a valid prescription from a doctor, including drugs, dangerous drugs, chemicals, narcotics, stimulants, prescription pills, medications, synthetic substances and natural substances. Penalties for possession of controlled substances differ based on the type of drug and the quantity you are carrying. The penalties for possessing any of the above drugs range from 180 days to 99 years in jail. Your license can also be suspended for six months if you are convicted of violating the Texas Controlled Substance Act, and police have the right to seize any property, such as your car or home, that was used or was going to be used in the commission of drugs. Charges of Possession of a Controlled Substance It is an offense under both state and federal law to be in possession of any controlled substance and this is the most common charge filed involving drugs. Possession is defined as the actual care, custody, control or management. Actual possession refers to actual physical possession of a controlled substance while constructive possession usually is alleged when the controlled substance was found in an area where the person had access to or otherwise exercised control over (such as the trunk of a car or a safe). This
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means that while a person can be charged with possession of a controlled substance even if the controlled substance was not actually found on the person, the charges can be challenged on the basis that the person did not exercise care, custody or control over the substance. The focus in those cases is on whether the government can prove the person had “affirmative links” to the controlled substance. Experienced Drug Attorney Charles Johnson has successfully challenged a client’s accusation of possession of controlled substance by making the case that there were no “affirmative links” to his client and the controlled substance. Delivery of a Controlled Substance It is an offense under both state and federal law to deliver or to have an intent to deliver a controlled substance. “Deliver” means to transfer, actually or constructively, to another person and includes offering to sell a controlled substance as well. Therefore, money does not have to actually be exchanged, and the “middleman” who helped arrange the transaction can also be prosecuted under this theory. Under federal law, the most commonly charged delivery offense is possession of a controlled substance with the intent to deliver. Under that type of charge, the government does not have to prove that you actually delivered the substance, but only that you had an intent to do so. Most often, the government will attempt to this intent based on the large quantity of drugs found, or the possession of other indicators including scales, baggies, or cutting agents. Manufacturing of a Controlled Substance It is an offense under both state and federal law to manufacture a controlled substance. Manufacturing refers to the production or creation of drugs and is most commonly prosecuted in cases involving marijuana grow operations or meth labs. It is also a crime to possess certain drug precursors with the intent to manufacture and pharmacies now vigilantly monitor the sales of commonly used precursors such as certain cold medicines, matches, and lighter fluid. Conspiracy to Possess with the Intent to Distribute a Controlled Substance One of the most frequently charged drug offenses in federal court is conspiracy to possess with the intent to distribute a controlled substance, which involves actively planning with others to possess or distribute a controlled substance, regardless of actual possession or delivery. This is typically the most serious type of drug accusation and usually involves multiple defendants and large quantities of drugs and can be extremely serious and complicated. Possession of Methamphetamine Due to the skyrocketing methamphetamine problem, the penalties for possession, delivery and manufacturing of methamphetamine have become extremely severe. In addition, in Texas, depending on the quantity, there is a 15-20 mandatory minimum sentence if a child younger than 18 years of age was present on when the manufacturing of a controlled substance offense occurred. In an effort to combat methamphetamine production, many counties in Texas have implemented “Meth Watch” programs which record and monitor over-the-counter cold medicines, prescription drugs, and household ingredients which are used to manufacture methamphetamine.
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Possession of Cocaine It is an offense to possess or distribute even the smallest amount of cocaine. For example, even if there is a trace amount of cocaine found in a baggie, you can still be charged with possession of a cocaine which is a felony. In the federal system, the penalties for cocaine base (crack cocaine) are notoriously severe. In fact, the sentences for possession of cocaine base were so severe, especially in comparison with possession of an equal amount of powder cocaine, that the United States Sentencing Commission recently amended the Federal Sentencing Guidelines to slightly reduce the penalties for crack cocaine offenses. Possession of Marijuana It is an offense to possess, distribute or cultivate marijuana. Depending on the quantity, possession of marijuana can be charged as a misdemeanor of felony in both state and federal court. Under state law, possession of less than four ounces is a misdemeanor; however, you must have possessed a “usable quantity” to be charged with possession of marijuana. Possession of Illegal Prescription Medications It is an offense under both state and federal law to possess a prescription drug if you are not the valid prescription holder or to deliver a validly issued prescription drug to another person. It is also a crime to forge or alter a prescription. Prescription drug cases are prosecuted as aggressively as controlled substance cases and the penalties can be just as serious. Possession of Paraphernalia Under Texas law, it is a crime to possess or deliver drug paraphernalia. Depending on the circumstances, what constitutes drug paraphernalia is very broad and can include pipes, lighters, plastic baggies and rolling papers if the government can show that there was an intent to use the items to use drugs. In addition, it is also a crime to possess any items with the intent that they be used to cultivate a controlled substance which could include gardening equipment and fertilizers.
Penalties and Punishment for Possession of Controlled Substance in Texas
The penalty for Possession of a Controlled Substance is set out in the Texas Health and Safety Code, which vary upon various factors that generally include the type of the controlled substance and the amount of the controlled substance. The Texas Health and Safety Code creates five penalty groups that controlled substances are classified under:
Penalty Group
1 1A 2 3 4 GHB LSD
Examples of Drug/Controlled Substance
Cocaine, Heroin, Methamphetamine, Codeine, Oxycodone, Hydrocodone, Rohypnol and
Ecstasy, Amphetamines, Mushrooms, PCP and Mescaline Valium, Xanax and Ritalin Compounds containing Dionine, Motofen, Buprenorphone or Pryovalerone
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Penalty Group 1
Weight Less than one gram 1 gram or more, but less than 4 grams 4 grams or more, but less than 200 grams 200 grams or more, but less than 400 grams 400 grams or more Felony First-degree Felony Second-degree Felony Charge State jail Felony Third-degree Felony Range of Punishment 180 days to 2 years in state jail and a fine not to exceed $10,000 2 to 10 years in a state prison and a fine not to exceed $10,000 2 to 20 years in a state prison and a fine not to exceed $10,000 5 to 99 years or life in a state prison and a fine not to exceed $10,000 Enhanced First-degree 10 to 99 years or life in a state prison and a fine up to $100,000
Penalty Group 1A
Units Fewer than 20 units 20 units or more, but less than 80 units 80 units or more, but less than 4,000 units 4,000 units or more, but less than 8,000 units 8,000 units or more Felony First-degree Felony Second-degree Felony Charge State jail Felony Third-degree Felony Range of Punishment 180 days to 2 years in state jail and a fine not to exceed $10,000 2 to 10 years in a state prison and a fine not to exceed $10,000 2 to 20 years in a state prison and a fine not to exceed $10,000 5 to 99 years or life in a state prison and a fine not to exceed $10,000 Enhanced First-degree 15 to 99 years or life in a state prison and a fine up to $250,000
Penalty Group 2
Weight Less than one gram More than 1 gram, but less than 4 grams More than 4 grams, but less 400 grams 400 grams or more Enhanced First-degree Felony Second-degree Felony Charge State jail Felony Third-degree Felony $10,000 2 to 10 years in a state prison and a fine not to exceed $10,000 2 to 20 years in a state prison and a fine not to exceed $10,000 5 to 99 years or life in a state prison and a fine not to exceed $50,000 Range of Punishment 180 days to 2 years in state jail and a fine not to exceed
Penalty Group 3
Weight Less than 28 grams 28 grams or more, but less than Charge Class A Misdemeanor Third-degree Felony $4,000 2 to 10 years in a state prison and a fine not to Range of Punishment Up to 1 year in county jail and a fine not to exceed
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Penalty Group 3
200 grams 200 grams or more, but less than 400 grams 400 grams or more Enhanced First-degree Felony Second-degree Felony exceed $10,000 2 to 20 years in a state prison and a fine not to exceed $10,000 5 to 99 years or life in a state prison and a fine not to exceed $50,000
Penalty Group 4
Weight Less than 28 grams 28 grams or more, but less than 200 grams 200 grams or more, but less than 400 grams 400 grams or more Enhanced First-degree Felony Second-degree Felony Charge Class B Misdemeanor Third-degree Felony $2,000 2 to 10 years in a state prison and a fine not to exceed $10,000 2 to 20 years in a state prison and a fine not to exceed $10,000 5 to 99 years or life in a state prison and a fine not to exceed $50,000 Range of Punishment Up to 180 days in county jail and a fine not to exceed
Additional penalties may include the suspension of your driver’s license or the possibility or seizure and forfeiture of any property if the property was used or was going to be used in the commission of a drug crime.
Possible Defenses for Possession of Controlled Substance Charges
There are many ways to defend a possession of a controlled substance charge. One of the primary defenses to possession of controlled substance cases is to examine the search and seizure process. The fourth Amendment protects citizens from unlawful searches of property. Was there probable cause? Did the officials read you your rights? In some cases the drugs aren’t illegal and the person had a prescription and right to possess them. The element of possession is crucial in a possession of a controlled substance case. It must be proven that you actually exercised a great degree of care, custody, control or management of the drug. Since many drug arrests in Texas involve finding drugs in a home or car it can be unclear who actually possessed or controlled the drugs. The individual must have full knowledge of possession — if they are unaware, then no crime has been committed. This could happen when an individual borrows a friend’s car only to be pulled over and charged with possession when marijuana is found in the glove box. Keeping the above items in mind, according to Texas law the offense of drug possession occurs when a person has knowledge that they have a controlled substance within their control and have the intent to possess that substance. If you have been charged with possession of a controlled substance, contact Houston Drug Lawyer Charles Johnson immediately. In many cases, he can get your case dismissed or reduced and avoid having a felony conviction on your record. Attorney Johnson can examine and review the circumstance surrounding your possession arrest and develop a defense that is unique to the circumstances surrounding your case.
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The Charles Johnson Law Firm combines the experience of a criminal defense attorney with a seasoned support staff and professional investigators. Investigations start immediately by securing documentation involving witness statements and police reports. Police labs are put on notice to verify the alleged illegal substance and its true quantity. After the facts are assembled, we will pursue the best outcome by negotiating a reduced punishment or pursue a trial in court. Options also exist that encompass counseling and rehabilitation programs for addiction problems.
Possession of a Controlled Substance: Hire the Best Houston Drug Lawyer
Possession of marijuana is in a separate drug offense category in Texas but is still extremely serious with the potential of being charged as a felony or misdemeanor, depending on the amount possessed. All charges in Texas for drug possession are quite serious. This is not the time to hide your head in the sand and hope for the best — you need an aggressive attorney who will fight hard to get your charges dismissed or possibly reduced. A drug conviction on your record will follow you for the rest of your life, so take it very seriously and hire an attorney who does the same. Contact Experienced Houston Drug Defense Lawyer Charles Johnson if you have been arrested for possession of a controlled substance. An arrest for possession of controlled substance in Texas can have devastating consequences and severe repercussions that can in all probability be avoided if you select the right lawyer. Call Attorney Johnson anytime day or night at (713) 222-7577. He is available to discuss your case whenever you need him.
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