Were you charged with drug possession in Texas? Check out this article about the 3 types of drug possession. Then call for a free consultation.
Prescription Drug Possession
If you’re charged with possession of pills in Texas I usually take that to mean you’re charged with possession of a prescription drug. If you’re charged with possession of a prescription drug, if it’s only a few pills and you say you got them from your mother, or from your brother because you hurt your back and he had a prior back surgery, and he had a few of those laying around, sometimes you can get the prosecutor to drop that type of case.
If you’re caught with a 30-day supply of a drug and you don’t have a prescription, then it’s a much more difficult case to deal with. The good thing is in most cases, it’s a misdemeanor. You still don’t want to have that conviction. Very often on that type of case we can get the person diverted into some sort of program that allows them to avoid a conviction and allows them to even avoid conviction to the extent where it can be expunged down the road. You really need to avoid that conviction at all costs, and very often you can.
If you’re charged with possession of heroin, the first thing you need to do is find a lawyer. Interview a couple lawyers to find out who you’re comfortable with. Then the lawyer will go about collecting the evidence, which may involve video tapes, police reports, and a look at your criminal history. All those things play a role in what the lawyer will do for you.
On a possession of heroin case, most of those cases are in state court. In state court, there’s really no penalty for dragging the case out and doing the research. Very often, in state court, your deal will get better as the case gets older. What we very often do is investigate, collect the evidence, talk to the client, and decided on a game plan. Very often, the game plan involves filing a motion to suppress to see if we can get the case thrown out for an invalid search or an invalid stop. If we’re successful at that point, the case gets thrown out and you can even expunge it.
In Texas, if you’re charged with possession of cocaine, the first thing you need to do is interview some lawyers, find somebody you’re comfortable with, and talk about what the potential avenues are. You can fight the case, or get the case thrown out. You should also know what the potential plea deals are that will allow you to maintain your livelihood, keep your job, and keep your license. In state court, it may even be possible to get the case diverted out of the criminal system and into some sort of diversion program where it’s really about rehabilitation.
If that’s not possible, the thing you want to also look at is if there is a problem with how the officer found the drugs. If there is, a successful motion to suppress could result in the case getting thrown out. If all that fails, one thing that may be offered is a pretrial diversion. The other thing that might be offered is a deferred adjudication. Deferred adjudication is not perfect, but it does allow you to avoid the conviction and also avoid losing your driver’s license, which will happen if you’re convicted of a drug offense.
Were you or a loved one accused of a crime and have questions about the 3 types of drug possession? Contact a San Antonio criminal attorney at Rush & Gransee today for a consultation on your case and all of your potential defenses. Let our experience work for you.