Texas is notoriously harsh when it comes to dealing with drug crimes. When it comes to possession charges, they live up to this reputation. If you are facing drug possession charges, or charges of possession with intent to sell, we can help. The Dallas possession defense attorney at Prospere & Russell* has 35 years of experience handling these types of cases and has been board certified since 1984. Attorney Reed Prospere is prepared to use this wealth of knowledge and expertise to help you fight your drug possession charges. Our firm offers free in-person case evaluations, and we can provide legal services in both English and Spanish.
Discuss your possession case today with an experienced lawyer. Call our Dallas criminal defense law firm at (214) 750-8555. Se habla español.
Possession sounds like a cut and dry charge, but there are different types of criminal possession with which you can be charged. The circumstances of your case will determine how the prosecutors proceed. Factors such as the specific drug involved, or the amount, will determine if your case is charged as a misdemeanor or felony.
Texas categorizes drugs into penalty groups that outline the penalties for possession. In addition to these penalty groups, the quantity or volume of drugs found in your possession, how the drugs were stored, whether or not you possess drug paraphernalia, and whether or not you have previous convictions will also affect the penalties associated with your case.
Texas penalty groups include:
In Texas, there are two types of possession: actual possession and constructive possession. Actual possession is when a controlled substance is found on the person of the accused. For example, finding a controlled substance in someone’s pocket or their hand is an example of actual possession. Constructive possession is when a controlled substance is located somewhere that is under the control of the accused, and it can be assumed that the drug was theirs. An example of constructive possession is when a controlled substance is found in your medicine cabinet or your car. Actual possession is more straightforward for the courts to prosecute, while constructive possession requires a more substantial burden of proof on the prosecutor.
If you are facing drug possession charges, you probably have a lot of questions. The judicial system is complicated. As you can see from the aforementioned Penalty Groups, the way the courts determine how you will be charged is a complex process that requires in-depth knowledge. An experienced Dallas possession attorney will be able to help you through the process.
An experienced defense lawyer should:
A criminal conviction for drug possession on your record is never a good thing. In addition to the immediate penalties of fines and jail time, you may also be required to enroll in drug treatment programs, lose your license, and find it difficult to secure employment. Furthermore, a criminal record can have lasting consequences and impact other legal matters, such as pending family law issues like custody and visitation.
At Prospere & Russell*, we believe everyone deserves competent, dedicated legal representation. Reed Prospere has experience as an Assistant Criminal District Attorney in Dallas County, where he prosecuted over 3,500 cases. Reed Prospere is also an experienced litigator who has tried over 500 cases in front of a jury. We are not afraid to go to trial. When you need a fierce advocate, call us.
Were you charged with possession or with possession with the intent to distribute? Prospere & Russell* can help. Call (214) 750-8555.