Arrested For Drug Possession?
In Texas, drug possession can be a misdemeanor, felony or even a federal case. As a result, drug offenses are often complicated and confusing. Consequently, drug possession charges can result in very serious penalties including jail time, fines and probation. However, in many cases, it is possible for a skilled criminal defense lawyer to negotiate a better deal or even have the charges dropped.
If you have been arrested and are facing drug possession charges, call Haddad Law Firm today to speak with an experienced drug possession lawyer about your rights. Our criminal defense attorneys and staff are committed to defending drug possession charges and are available to discuss your case. To schedule a free consultation with a Dallas drug possession attorney call today or complete our online form.
Was There A Valid Stop?An officer must have a legal reason for initiating contact.
Stay Calm & Be Polite
Just because an officer stops you doesn’t mean you committed a crime. Ask the officer if you are free to leave.
Was The Search Legal?You have the right to refuse an officer's request to search.
Don't Get Tricked!
Without consent, police officers must have a proper legal basis to search a person, vehicle or house.
Was Arrest Legitimate?An officer must have probable cause to make an arrest.
What you don’t say can’t hurt you.
Don’t Plead Guilty
At Haddad Law Firm, we understand the effects a drug conviction can have on your life. That’s why our criminal defense lawyers are dedicated to protecting your rights against such significant charges. Remember, pleading guilty to any criminal offense results in a conviction, which is permanent and can never be removed from your record. A conviction for marijuana possession can significantly impact many crucial aspects of your every-day life.
What Are My Options?
Just because you may have been caught with drugs in your possession does not mean that you have to plead guilty to a drug charge. There are many ways to avoid a drug-related conviction or even have the case dismissed.
Types of Drug Possession Offenses
Overall, possession is one of the most misunderstood terms related to criminal offenses. Generally speaking, possession means actual care, custody, control of an illegal substance. Unfortunately, the term is used very broadly for drug related offenses. In other words, it is not very difficult for an officer to arrest someone for drugs.
All in all, Texas laws regarding controlled substances are particularly strict. However, offense levels and punishment for possession of a controlled substance varies widely. For example, the offense level depends on several factors such as the type of drug, quantity, how the drug was stored or concealed, possession of paraphernalia like scales, baggies or large amounts of cash and even the location of the offense. Additionally, the Texas Controlled Substances Act categorizes drugs into four different “penalty groups.” Accordingly, each penalty group has its own classifications and penalties. However, it is important to note that marijuana is classified in a category on its own.
In Texas, a person commits an offense of manufacture or delivery of a controlled substance if the person knowingly manufactures, delivers or possesses with the intent to deliver a controlled substance. Furthermore, it is important to note, intent to distribute or sell drugs can be proven by circumstantial evidence. Accordingly, prosecutors must prove that the accused:
- “exercised care…and management of the controlled substance” in question;
- “intended to deliver” the substance to another person; and
- “knew” the substance in possession was a controlled substance.
Drug trafficking is the act of transporting any controlled substance into Texas illegally with the intent to either distribute or possess it. In general, drug smuggling involves crossing state lines. Accordingly, drug smuggling is a federal crime. As a result, drug smuggling charges follow federal sentencing guidelines.
It may come as a surprise to many but it is illegal to possess items related to drug use even if you don’t actually have any drugs on you. Drug paraphernalia can be any item that can be used in connection with illegal drugs. As a result, ordinary household items such as spoons and sifters can be illegal to possess depending on the circumstances. Other types of paraphernalia include pipes, scales, baggies, syringes and drug testing kits. In Texas, possession of drug paraphernalia is a Class C Misdemeanor, the equivalent of a traffic ticket.
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Mr. Haddad is a very professional and reliable attorney. He was always quick to my texts/calls whenever I had a question regarding the case. He is very straightforward and honest and will keep you updated with important court dates. I would highly recommend Mr. Haddad.Rating: ★★★★★
He was a court appointed attorney, but man he sure didn’t work as if he was one to me. He is genuinely a good guy inside and out that works hard for you and your case to provide the best outcome. I am more then grateful for him and his services! Two thumbs all the way up!Rating: ★★★★★
Mr. Haddad Law Firm was sufficient and prompt in handling our case along with answering any concerns we had. We would definitely work with this team again.Rating: ★★★★★
Why Choose Our Firm
At Haddad Law Firm, we understand that facing criminal charges can be stressful and overwhelming. More importantly, we recognize that every case is unique and affects different people in different ways. That’s why we take our job of defending clients against criminal charges very seriously. After all, if your case isn’t the same as everyone elses, why should your lawyer be?