Amarillo Drug Possession Lawyer
Aggressive Defense for Drug Crime Charges in Potter County
Drug possession is a serious criminal offense in Texas. If you are convicted, you could face jail or prison time, fines, probation, and other penalties. A drug conviction can also have a lasting impact on your personal and professional life, making it difficult to find a job, secure housing, or obtain a loan.
At the Law Offices of D. Chris Hesse, we understand the stakes involved in drug possession cases. Our Amarillo drug possession attorney is prepared to fight for you, working to protect your rights and your future. We have successfully handled thousands of criminal cases and have a proven track record of success.
Call (806) 350-6785 or contact us online today to schedule a consultation with our drug possession lawyer in Amarillo.
What Is Drug Possession?
Drug possession refers to the act of having illegal drugs in your possession. This can include having drugs on your person, in your vehicle, or in your home. It can also include having drugs in your possession that are not on your person but are within your control, such as drugs in your backpack or purse.
Under Texas law, drug possession is a criminal offense. The specific charge and penalties you face will depend on the type and amount of drugs involved, as well as other factors.
Types of Drug Possession Charges in Texas
Drug possession charges in Texas are generally classified as either misdemeanors or felonies. The specific charge you face will depend on the type and amount of drugs involved, as well as other factors.
The following are the most common types of drug possession charges in Texas:
- Class C misdemeanor: Possession of drug paraphernalia, such as a pipe, bong, or syringe, is a Class C misdemeanor in Texas. This is the lowest level of misdemeanor offense and is punishable by a fine of up to $500. There is no jail time associated with a Class C misdemeanor.
- Class B misdemeanor: Possession of a small amount of marijuana is a Class B misdemeanor in Texas. This is the lowest level of misdemeanor offense that carries the possibility of jail time. A conviction is punishable by up to 180 days in jail and/or a fine of up to $2,000.
- Class A misdemeanor: Possession of a small amount of certain controlled substances, such as cocaine, methamphetamine, or LSD, is a Class A misdemeanor in Texas. A conviction is punishable by up to 1 year in jail and/or a fine of up to $4,000.
- State jail felony: Possession of a small amount of certain controlled substances, such as hydrocodone, oxycodone, or Xanax, is a state jail felony in Texas. A conviction is punishable by 180 days to 2 years in state jail and/or a fine of up to $10,000.
- Third-degree felony: Possession of a large amount of certain controlled substances, such as hydrocodone, oxycodone, or Xanax, is a third-degree felony in Texas. A conviction is punishable by 2 to 10 years in prison and/or a fine of up to $10,000.
- Second-degree felony: Possession of a large amount of certain controlled substances, such as cocaine, methamphetamine, or LSD, is a second-degree felony in Texas. A conviction is punishable by 2 to 20 years in prison and/or a fine of up to $10,000.
- First-degree felony: Possession of a large amount of certain controlled substances, such as cocaine, methamphetamine, or LSD, is a first-degree felony in Texas. A conviction is punishable by 5 to 99 years or life in prison and/or a fine of up to $10,000.
It is important to note that these are only the penalties for drug possession. If you are also charged with drug trafficking, drug manufacturing, or another drug crime, the penalties will be much more severe.
Defending Against Drug Possession Charges
Being charged with drug possession does not mean you will be convicted. There are many potential defenses to drug possession charges, and our Amarillo drug possession lawyer can help you explore all of your options.
Some of the most common defenses to drug possession charges include:
- Illegal search and seizure: The Fourth Amendment to the U.S. Constitution protects you from unreasonable searches and seizures. If the police violated your constitutional rights by conducting an illegal search and seizure, any evidence they obtained may be inadmissible in court. This could result in your charges being reduced or dismissed.
- Unlawful traffic stop: In order to pull you over, the police must have reasonable suspicion that you are engaged in criminal activity. If the police did not have reasonable suspicion to stop your vehicle, any evidence they obtained during the traffic stop may be inadmissible in court. This could result in your charges being reduced or dismissed.
- Unlawful arrest: In order to arrest you, the police must have probable cause that you committed a crime. If the police did not have probable cause to arrest you, any evidence they obtained during the arrest may be inadmissible in court. This could result in your charges being reduced or dismissed.
- Unlawful interrogation: The police must read you your Miranda rights before they can interrogate you while you are in custody. If the police failed to read you your Miranda rights, any statements you made during the interrogation may be inadmissible in court. This could result in your charges being reduced or dismissed.
- Unlawful drug testing: The police must follow certain protocols when testing drugs to determine their type and quantity. If the police failed to follow these protocols, the drug test results may be inadmissible in court. This could result in your charges being reduced or dismissed.
- Unlawful chain of custody: The police must follow certain protocols when handling and storing drugs. If the police failed to follow these protocols, the chain of custody may be broken. This could result in the drugs being inadmissible in court. This could result in your charges being reduced or dismissed.
- Unlawful arrest warrant: In order to arrest you in your home, the police must have an arrest warrant. If the police did not have an arrest warrant, any evidence they obtained during the arrest may be inadmissible in court. This could result in your charges being reduced or dismissed.
- Unlawful search warrant: In order to search your home, the police must have a search warrant. If the police did not have a search warrant, any evidence they obtained during the search may be inadmissible in court. This could result in your charges being reduced or dismissed.
- Constructive possession: In order to be convicted of drug possession, the prosecution must prove that you had actual or constructive possession of the drugs. Actual possession means the drugs were on your person, such as in your pocket or in your hand. Constructive possession means the drugs were not on your person but were within your control, such as in your backpack or in your car. If the prosecution cannot prove you had actual or constructive possession of the drugs, your charges may be reduced or dismissed.
- Unlawful profiling: The police cannot pull you over or search you based solely on your race, ethnicity, religion, or other protected characteristic. If the police unlawfully profiled you, any evidence they obtained during the traffic stop or search may be inadmissible in court. This could result in your charges being reduced or dismissed.
These are only a few of the many potential defenses to drug possession charges. Our Amarillo drug possession attorney can help you determine the best defense strategy for your case.
How Our Drug Possession Lawyer in Amarillo Can Help
Being charged with drug possession can be incredibly stressful. You may be unsure of what to do next or how to protect your rights. At the Law Offices of D. Chris Hesse, we are here to help. Our Amarillo drug possession lawyer can guide you through the legal process, answering your questions and addressing your concerns every step of the way.
When you choose our firm, you can expect:
- Personalized legal solutions: We understand that no two cases are the same. That is why we take the time to listen to your story, learn about your goals, and develop a customized legal strategy that is tailored to your unique situation.
- Aggressive representation: We are not afraid to take on the tough cases. Our Amarillo drug possession attorney is a skilled litigator who is not afraid to go to court to fight for you. We will aggressively advocate for your rights and work to secure the most favorable outcome possible.
- Responsive communication: We know that being charged with drug possession can be incredibly stressful. That is why we are here to answer your questions and address your concerns.
- Proven results: We have successfully handled thousands of criminal cases and have a proven track record of success. Our Amarillo drug possession lawyer knows what it takes to win in court and will work tirelessly to protect your rights and your future.
Get the Legal Help You Need Today
If you have been charged with drug possession, it is important to act quickly. The sooner you contact our Amarillo drug possession attorney, the sooner we can get to work on your case. We offer free initial consultations and are available to meet with you in person or over the phone.
Call (806) 350-6785or contact us onlinetoday to schedule a consultation with our drug possession lawyer in Amarillo, TX.