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Secrets of the Texas Criminal Justice System and Your Rights
There are a variety of drug offenses in Midland and they are taken seriously with severe potential penalties. If you have been charged with a drug offense in Midland, it is important to speak with a Midland drug lawyer to understand your rights understand your charges. An attorney can advise someone to on drug scheduling and categorization, which will be important in their case.
Controlled Dangerous Substance
In Midland, a controlled dangerous substance is any substance including a drug or an adulterant that is listed in Schedules I through V or a Penalty Groups 1 through 4a. It is also included in aggregate of any mixture, solution, or other substance that contained a controlled substance. In other words, anything a person cannot get over-the-counter.
The Commission originally decides which substances are more harmful. Substances in Schedule I have a high potential for abuse. There is no accepted medical use and treatment in the United States. In Schedule II, the substances also have a high potential for abuse but some are accepted for a medical treatment.
Drugs in Schedule III have a potential for abuse, that is less than that in I and II and they are accepted for medical treatment. Drugs in Schedule IV are currently accepted for medical treatment, but they may lead to more a limited physical or psychological dependence than the substance in Schedule III.
Drugs in Schedule V are accepted in medical use and treatment and may lead to a more limited physical or psychological dependence than anything at Schedule IV. The Schedules are arranged according to which substances are going hurt a person the most.
Examples of Controlled Substances
Examples of the controlled substances in Schedules I through V in Midland:
- Schedule I drugs are LSD, ecstasy, and heroin
- Schedule II drugs include cocaine and methamphetamine
- Schedule III, are Vicodin and Ketamine
- Schedule IV drugs are those a person would get from their psychiatrist, such as Lorazepam, Diazepam, and Valium
- Schedule V are drugs such as cough medicines with codeine
Charges for drug-related offenses in Midland depend on what kind of drugs someone is arrested for in what range. When it is a misdemeanor, the penalty could be up to one year in county jail and up to $4,000 in fines. For a felony, depending on the aggravating factors, the penalty could be no less than six months up to 99 years in jail.
Sentencing depends on the person’s prior history and whether there are any aggravating factors such as being in a drug-free zone with intent to deliver the specific drug and the weight of the drug.
When the charge is a misdemeanor, the next step in the case is that it goes to arraignment. The person charged pleads guilty or not guilty. They can request an attorney or accept a plea offer from the prosecutor.
For a felony, the person has an arraignment and pleads guilty or not guilty. They receive a scheduling order after their case has been formally indicted. The person has a pre-trial where the prosecutor must turn over discovery such as the police report, videos, and any plea offer from the prosecutor. The case moves to trial if the person does not wish to go forward with a plea.
Anyone facing drug charges in Midland should immediately contact an attorney because the sooner they can start working on the charges, the sooner they can get a good resolution.