Texas has always been known to be a state that is tough on crime, especially regarding drug offenses. Due to so many people trying to traffic drugs through the state, the state of Texas prosecutes drug crimes very seriously. Some drug offenses may just be a misdemeanor, however, if there are aggravating factors involved, then the charge could result in a felony. Aggravating factors are increased consequences for breaking the law. For more information regarding aggravating factors for Denton drug arrests, contact an experienced lawyer today.
Common Aggravating Factors
One of the most common aggravating factors for drug arrests in Denton is the offender having a criminal history. An individual is also facing enhanced penalty charges if they are in possession of a weapon during the drug arrest. In addition to the drug case, they are more than likely looking at an enhanced mandatory felony and possession of a firearm case.
An aggravating factor could result in someone going from a misdemeanor offense to a felony. Felonies carry a harsher punishment, higher bond, and more conditions. That person would also have less legal flexibility when they are out on bond. All felonies in Texas can carry penalties of up to a $10,000 fine and time in jail.
Possession of Drugs
Everyone who is at the scene of a drug arrest is at a risk of facing consequences, which is why it is crucial for people to know their rights during an arrest. But there is a big difference between being arrested for a drug offense and being convicted. To be guilty of a possession of a controlled substance, the person does have to be in possession of the drugs.
Possession in Texas requires that a person has care, custody, or control of the drugs. One can also be charged with having constructive control of the contraband. If the individual is the one that is manipulating who is going to have the drugs, who is carrying them, and who is selling them, then they can be just as guilty as the person who actually has the drugs. However, just because a person is around drugs it does not mean the prosecutors can prove the person was in possession of the drugs. The individual has to know what they possess was drugs.
For example, someone could be sitting in a restaurant and another person could walk up and tell them to reach under their table. The individual then reaches under their table as instructed to and finds a bag of crack cocaine. The person at the table would not be in possession of the drugs because they did not have control or custody of it. The guilty person would be the one who put the drugs there in the first place because they had the care, custody, and control of the drugs.
How an Attorney Can Help
There are many aggravating factors for Denton drug arrests, which is why it is crucial to have an experienced drug lawyer by your side if you have received a drug charge. An accomplished attorney is going to be able to build you a proper defense to ensure that your rights are being protected. In Texas, drug offenses are too serious for you to try to fight them alone. Call today to see how legal counsel can help.