first time drug possession charges in texas

Possession of a Penalty Group 1-A substance is always charged as a felony under Texas law. It is estimated that 25% of local inmates and 25% of state prisoners are incarcerated due to drug possession charges, and often the state dismisses that these people suffer from severe addictions. MIDLAND, TX –– A 31-year-old Midland woman is facing murder charges after she admitted to placing her newborn baby in the trunk of a car. Texas has strict laws regarding illegal drug use, and even a seemingly minor offense can be met with strict punishments. Do First Time Drug Offenders Go To Jail? | Bit Rebels Marijuana Possession Charges Are Serious Business in Texas Whether you are an expert on drug possession law in Texas or this is your first time being caught with a controlled substance, you should strive to find the best representation in court. For small amounts, you will face a state jail sentence of between 180 days and 2 years in addition to a fine of up to $10,000. Drug possession is a serious criminal charge in Texas carrying a wide range of punishments from probation to lengthy prison sentences, depending on the amount of the drug. If you are being charged with a drug offense for the first time, find out if the Tarrant County First Offender Drug Program is for you by reaching out to an experienced Ft. Worth drug crimes attorney today. Texas Statues: The Texas Controlled Substances Act [1] The minimum penalty for drug possession in Texas is considered a “Class B” or “Class A” misdemeanor. Because the heroin problem is so rampant, there are some jurisdictions that may offer drug diversion programs rather than jail time to first-time offenders. Possession of marijuana will be most often charged a misdemeanor. Our felony drug lawyers are all former prosecutors. Penalty group 2: Amphetamines, ecstasy and PCP fall into penalty group 2, which, like penalty group 1 drug crimes, is considered a state felony that can result in the same jail time and fines. Drugs are classified into Penalty Groups in Texas, and the Penalty Group a drug falls under is an important factor in … You can be charged with a first-degree felony for possession of Cocaine, Heroin, Methamphetamine, LSD or Ecstasy. Possession of Cocaine. However, for first-time offenders the sentence can be probated, meaning probation instead of jail time. If you are facing charges of drug possession, a skilled attorney can advise you on the group that includes the substance you’re charged with possessing. In Texas, drugs fall into five classifications. These will vary based on the type of drugs. The state must prove each of these elements beyond a reasonable doubt. Code § 481.121 Web Search; Texas Stat. Drug laws vary from state to state, but in Texas, drug possession is a serious offense that could potentially land you in jail. Common Examples Of Misdemeanor Offenses Even minor drug charges can result in incarceration and a criminal record. Code § 12.33 Web Search; Texas Stat.Code § 12.34 Web Search; Texas Stat.Code § 12.35 Web Search Drug possession is considered a serious crime in McKinney, Texas. The law n Texas for Possession: Less than 1 g. Low-level drug offenders are not being sentenced to state jail for long periods of confinement. The driver had marijuana and a pipe in the car. Before pleading guilty to any crime, make sure you understand your rights and options to fight the criminal charges. Marijuana-Specific Hello, I live in Austin,Texas and i was recently charged for possession of drug paraphernalia (PDP) in Lampases, Texas where there is a no drug tolerance . 2nd degree felony. These charges are punishable with fines, imprisonment, and more. We have offices in Fort Worth and Colleyville, Texas. First time offenders often receive extensive jail time, often 10 years for as little as four grams. Facing drug possession charges in Texas can be scary. For the highest amounts, you will face a prison sentence of between 15 and 99 years in prison and a fine of up to $250,000. Possession of marijuana is still illegal in texas. Carries punishments of 10 - 99 years in jail, and a fine of $100,000. Possession of Heroin in Texas. Drug Charges in Texas. Find more information about which drugs are categorized in which Penalty Groups, penalties for possession, and penalties for delivery or manufacture of an illegal drug. Such crimes can bring fines of up to $10,000 and jail time of 2 to 10 years. The table below represents the maximum allowable penalties under Texas law, classified by the amount of heroin you are accused of having. $ 50,000. Board Certified criminal defense attorney Andrew J. Williams defends clients throughout the Kingwood and Humble, Texas, area against drug possession charges. Penalties and Sentences The sale of just 7 grams (roughly one-quarter ounce) of cannabis also carries a maximum penalty of 180 days in jail and a possible $2,000 fine. Some, district courts in Texas offer drug diversion programs for first-time offenders in lieu of prison. When defense attorneys begin looking into how to get your possession charge dismissed, one of the first things they check on is whether or not you were subject to an illegal search and Even a first offense for possessing less than a gram of a penalty group 1 drug could bring up to two years in jail and $10,000 in fines. The law requires probation if you have a first time State Jail felony drug trial (without any priors). The table below represents the maximum allowable penalties under Texas law, classified by the amount of heroin you are accused of having. Less than one gram: state jail felony 2. Fax Number: (832) 408-7600. No matter how large or small that you feel your Houston drug case is, you need an experienced Houston drug possession lawyer protecting your rights. Texas Drug Laws – Visit the official website for Texas state laws and legislation. Most other states will not have a set bail schedule for drug charges by quantity. Most states have adopted a similar approach to drug sentencing. First time possession charge- Getting arrested and charged with drug possession in Texas can have serious negative consequences that can alter the course of your life significantly. Between 1 and 3.99 grams Drug possession has many defenses. Please note, Marijuana possession charges can be enhanced if the suspect was in possession of marijuana in a drug-free zone: within 1,000 feet of a school zone, playground, or community center. Possessing 80 to 4,000 units is a 2nd-degree felony. Possessing 1 to 4 grams of cocaine is a third-degree felony. A conviction can lead to up to one year in jail, one year of probation, or a fine of up to $1,000. Possession of more than three grams of synthetic drugs is a third-degree felony. That means the judge can impose up to five years in prison, five years of probation, or a $5,000 fine. A first-time marijuana charge could land … Code § 481.121 Web Search; Texas Stat. Getting arrested for drug possession is an embarrassing, scary, and frustrating experience, especially if it is your first offense. Code § 12.33 Web Search; Texas Stat.Code § 12.34 Web Search; Texas Stat.Code § 12.35 Web Search First, you should know that Texas laws banning the use or sale of cocaine are very strict and make the crime an immediate felony. In short, there are no misdemeanor cocaine charges. Indeed, cocaine is known as a Penalty Group 1 drug in Texas, which means a cocaine charge carries the most severe penalties and punishments for drugs. Texas Heroin Possession Penalties. Cocaine is powerful nervous system stimulant that is often used recreationally but that also has a high potential for abuse. One recent investigation … Texas is well known for its harsh drug possession laws. Nothing could be further from the truth. Here is an example from Penalty Group 1 of the penalties for drug possession. Depending on the amount of the illicit drug in the defendant's possession, the penalty can range from a third degree felony all the way up to a first degree felony. Any amount will result in felony charges. Some court districts in Texas have drug diversion programs that allow certain first-time offenders to complete a rehabilitation program instead of serving a prison sentence. If you are arrested for a state jail felony drug charge, then the normal range of punishment is a minimum of 6 months and a maximum of 2 years in the State Jail and up to a $10,000 fine. When a drug possession crime is classified as a felony offense, it immediately makes a case far more dangerous for the alleged offender. Any drug possession conviction or guilty plea will usually also result in a six-month driver’s license suspension. The State of Texas imposes harsh penalties for drug convictions including steep fines and extensive prison sentences. Drug possession has many defenses. Drug possession is a serious offense in Texas so penalties for possession of a controlled substance can be severe. Possession of larger amounts of marijuana can be charged as distribution, possession with intent to sell, or drug trafficking. Texas Drug Laws – Visit the official website for Texas state laws and legislation. 2. The punishment of someone convicted of any drug-related crime can range from two to 20 years in prison, including fines of up to $10,000. Contact Texas criminal defense lawyer Jason S. English online or call (512) 454-7548. In one traffic case, a Chappell, Lanehart & Stangl client was driving through a rural county in the Texas Panhandle, moving from Colorado to his parent’s home in South Texas. Home » Drug Charges » Possession of Cocaine. Get a Deferred Adjudication for your First Time Drug Possession Charge. Prosecutors handle hundreds of cases per month, and drug possession charges are relatively low priority for most. Such states focus on 1st and 2nd offenses where the first charge is around $2,500 bail and the 2nd charge closer to $5,000. Third degree felony, punishable for two years to 10 years in prison and a fine of $10,000. Texas Drug Charges Penalties. If you are accused of possession of drug paraphernalia in Texas, it is important to speak to a criminal defense attorney right away. Hoeller Mclaughlin PLLC offers experienced felony drug lawyers that can help you fight your felony drug possession charge. Drug Possession Defense Attorney In Mckinney, Texas. See our Austin drug defense lawyers page for more details. It allows the offender to avoid the maximum sentence by complying with alternative sentencing guidelines ordered by the court. The charges for drug possession in each penalty group varies. Important Documents: Preparing for Your Court Date. Possession of more than 2,000 pounds of marijuana is a felony, punishable by a mandatory minimum sentence of 5 years, a maximum sentence of 99 years, and a fine of no more than $50,000. First, wax, hash, or any marijuana concentrates are classified as Penalty Group II drugs, meaning that even possession under a gram will result in a felony charge. Those found to be in possession of hash, butane hash oil (BHO) or other marijuana concentrates will face felony charges. Defendants charged with possession of magic mushrooms and other psychedelics tend to face multiple charges: drug paraphernalia, possession of marijuana and THC. Drug Possession Attorneys in Dallas, Texas Being accused of drug possession in Texas is an overwhelming experience, and it's important to have insights about your rights moving forward. Texas gun possession laws are among the most generous in the nation. Austin Drug Possession Defense Attorney Trial-Tested Experience in Travis County & Central Texas. Here's generally the type of penalties you will be looking at for different felony drug convictions: State jail felony: 180 days to 2 years in a state jail and/or a fine of not more than $10,000. The severity of criminal consequences for a drug possession conviction depends on the circumstances of the alleged crime, the particular substance in question, the amount of the substance found, and the defendant's criminal history. Getting caught with an illegal controlled substance or narcotic is a serious crime. The bail amount set rises quickly, with $100,000 for more than 1 lbs, 1 to 3 kilos at $500,000, and 4-10 kilos at $1 million in California. The law takes drug possession and distribution very seriously, so getting help from a bail bondsman as quickly as possible is vital to helping you reduce your sentence or be relieved of your charges. Less than 1 gram. Criminal Charges; Drug Possession: First Time Offender Two Drug Charges; ... Palo Pinto,Texas My little brother has never been in trouble before he has two indictments and goes to court on friday first charge is a first degree felony Poss. Caught with 4,000 to 8,000 units is considered a 1st-degree felony. Our goal is a dismissal. Understanding the Six Drug Penalty Groups in Texas. Busted for drug possession? More than one gram and less than four grams: second-degree felony 3. Possessing 20 to 80 units is a 3rd-degree felony. Under Section 481.1151 of the Texas Health and Safety Code, possessing less than 20 units of a group 1-A substance is a state jail felony. Possession of a Controlled Substance and Penalty Groups in Texas. Found under Chapter 481 of the Texas Health and Safety Code, the provisions that govern drug possession are a complex maze of rules and regulations.. Related crimes include possession with intent to distribute, drug manufacturing, prescription drug … Texas has a no tolerance attitude when it comes to drugs and it enforces harsh penalties. There are eight drug penalty groups under Texas law (PG1, PG1-A, PG-2, PG-2A, PG-3, PG-4, Dangerous Drugs and Marijuana). Specific Law and Intent to Sell. The penalties for a first-time offender depend on the type of drug that was diverted illegally. While possession of drug paraphernalia may seem like a fairly minor charge, it can also lead to more serious drug charges. 200 grams or more, but less than 400 grams. According to court documents, on November 30th officers were dispatched to Midland Memorial Hospital.
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