Category: Drug Possession

What Every Texan Should Know about Drug-Free Zones

By: Brandon Fulgham

Drug Crimes | Drug Possession | Drug-Free Zones

There are many factors that go into charges and penalties for Texas drug crimes. Unfortunately, not all of these factors are fair to the offender.

How so? There are many laws throughout Texas and the country at large that purposely and unfairly increase the penalties against people accused of using or dealing drugs.

One of the first and most notorious of these laws established “drug-free zones.” These laws still exist today, and if you are charged with committing drug crimes in these areas, you could face especially harsh penalties if you don’t get in touch with a knowledgeable lawyer quickly.

What Are Drug-Free Zones?

Drug-free zones are one part of the country’s notorious and failed attempt at a “War on [...]

Penalties Associated with Texas Drug Possession Charges

By: Brandon Fulgham

Drug Crimes | Drug Possession

If you are facing drug possession charges in Texas, you need to know the penalties you may be facing. Below, we will cover what the law says, the associated penalties, and possible defenses for your charges.

Texas Drug Possession Laws

The Texas Controlled Substances Act assigns penalties according to the type and amount of drug involved. Drugs are classified into four groups, based on their ability to cause addiction and their medical value. Penalties are given according to the penalty group.

Penalties for Group 1:

• Less than one gram: minimum 180 days in jail or maximum two years in prison, maximum fine of $10,000, or both
• Between one gram and four grams: between two and ten years in prison,

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How Possession Can Be Charged as Drug Trafficking in Texas

By: Brandon Fulgham

Drug Crimes | Drug Possession | Drug Trafficking

 

In Texas, you can be charged with drug trafficking even if you have never transported or distributed drugs. Below, we’re going to detail how our state’s drug trafficking and possession laws, and what you can do to fight back against your charges.

Factors that Indicate Drug Trafficking

Law enforcement officers in Texas consider several different elements when making drug trafficking charges. Here are several elements that come into play:

• Large amount of a single drug
• Large amount of a variety of different drugs
• Lack of prescriptions for drugs
• A significant amount of cash
• A cache of weapons
• Weighing scales and packaging materials

The main element is an amount that is “unreasonable” for personal use. Depending on the drug, [...]

How to Fight Texas Drug Possession Charges

By: Brandon Fulgham

Drug Crimes | Drug Possession

Texas has some of the harshest penalties in the nation for drug possession. If convicted, you could face years in prison and hefty fines for even small amounts of controlled substances. Moreover, you will be left with a criminal record that can come back to haunt you for the rest of your life.

However, not all drug possession charges lead to a conviction. In fact, most do not.

To successfully convict a defendant of drug possession in Texas, the prosecution must prove beyond a reasonable doubt that the defendant knowingly possessed an illegal substance intended for consumption. Therefore, most defenses focus upon whether the defendant was knowingly in possession, whether the evidence attained is admissible in court, and whether the [...]