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Secrets of the Texas Criminal Justice System and Your Rights
The State of Texas defines “drug possession with intent to deliver” as possessing a controlled substance with the intent of giving it to others. Interestingly, under Texas law, the delivery or distribution does not have to be for profit. Giving an illicit substance as a gift is still considered drug delivery.
If you face intent to delivery charges, it is critical to retain an experienced attorney who can examine the evidence and build a credible defense. Reach out to an Amarillo drug possession with intent to distribute lawyer for help with your case.
What Does it Mean to Possess a Drug?
Possession falls into two categories, actual and constructive, both of which require three elements: care, custody, and control. Actual possession simply means a person had a drug on their person or in their belongings. Constructive possession is trickier to define and for the prosecution to prove.
A person who constructively possesses a drug does not have it in their physical possession, but the substance is under their care and custody. Additionally, a person must have control over the controlled substance or the ability exercise control. For example, a person who has marijuana in their storage locker or vehicle may be in constructive possession.
Trends in Amarillo Drug Charges
Amarillo sees many intent to distribute cases due to its location in the Panhandle Plains along the I-40 corridor. I-40 is a major route for drug trafficking, and police keep a lookout for anyone they believe may have drugs in the car. Additionally, many people bring marijuana, THC concentrates, and other drugs into Texas from Colorado.
Anyone accused of this offense should be aware that most District Attorneys are unwilling to offer any type of diversion program in these cases. Some DAs will not even offer probation when the charge involves intent to distribute. In some counties, there are DAs who will not make any offers that do not require a felony conviction.
What are the Penalties for Intent to Deliver in Texas?
Under Texas law, possession with intent to deliver is usually a charge one grade higher than simple possession. For example, if possession of the drug is normally a third-degree felony, intent to deliver the drug would be a second-degree felony.
The exact penalties for a drug charge depend on the weight and penalty group of the drug in question. Texas divides all controlled substances other than marijuana into Penalty Groups One through Four, with Penalty Group 1 drugs carrying the most severe penalties.
Contact an Experience Amarillo Possession with Intent to Distribute Attorney
Intent to deliver charges carry a tremendous amount of risk and liability. There is a very real possibility of going to jail or even prison. Almost all possession with intent to distribute cases are felonies, and a felony conviction can have a serious impact on someone’s future. Convicted felons lose certain rights, and they may face difficulty finding employment in the future.
Because the stakes are so high, anyone facing drug charges in Amarillo should consider retaining an experienced attorney. Lawyers who focus their practice on criminal defense are often in the best possession to analyze the case from every angle. In some situations, a simple procedural mistake in a traffic stop could make evidence against you inadmissible, but it can be difficult to identify and present this defense alone. Reach out to an Amarillo possession with intent to distribute lawyer today.