In order to have possession of a drug in Midland, a person must have care, custody, and control or management of the drug. Many falsely believe that the drug must be physically on someone’s body, however, if it is somewhere they can reach or they have control over it, they are legally considered in possession of it.
Any substances that are listed in the Texas Health and Safety Code as a scheduled controlled substance are considered illegal to possess in Midland and throughout the state. If you are facing drug possession charges, contact a Midland drug possession lawyer so they can build a defense to protect your rights and be your advocate.
Heroin, cocaine, and meth are currently considered significant drugs in the Midland area.
Found in Possession
There are many different ways an individual can be found to be in possession of drugs in Midland. For example, a controlled substance can be found during a traffic stop if the police search their pockets or car. Another scenario is if a person is searched when another person is being arrested. Also, illegal drugs can be discovered when some other crime is being committed and the person is searched in connection to the arrest. Finally, a person can be found to be in possession if there is a search warrant issued.
Each of these procedures could be done in violation of an individual’s Constitutional rights. A drug possession attorney in Midland can inform you of these rights and challenge the legitimacy
Factors of Severity
The seriousness of a drug possession charge depends on a number of factors. This includes:
- what kind of drugs the person has
- the quantity of the substance
- what the individual was doing with it. For example, was the controlled substances for personal consumption or were they trying to sell it?
The severity of the penalty depends on the kind of drugs and their weight. The charges can be as simple as a misdemeanor all the way up to a felony. The penalties for a misdemeanor could be up to one year in county jail and up to $4,000 in fines. The penalties for a felony can be anywhere from state jail felony minimum of six months jail all the way up to first degree felony in which the person could get 99 years or life in prison.
Someone convicted of drug possession may have a stigma that follows them forever because of the permanent criminal record. A felony for drug possession can take away a lot of a person’s rights. A Midland drug possession lawyer can help.
Alternative Sentencing Programs
Diversion or alternative sentencing programs are available for people charged with drug possession for the first time, especially if it is a state jail felony where there is automatic probation. If the prosecutor agrees, the sentence can be deferred. With pre-trial intervention, the sentence is usually not deferred on the drug cases; but every now and then. Sometimes on the misdemeanor, the person can receive a pre-trial intervention; but it is not automatic. Midland drug possession attorneys can assist in getting you in an alternative sentence or diversion program.