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Possession is the care, custody, and control of the drug. Drug possession charges can lead to significant penalties and long-term repercussions. If you have been arrested, reach out to an experienced Tarrant County drug possession lawyer. The sooner you contact a dedicated drug attorney, the sooner they could begin working on your case. An attorney could review your situation and determine the best defense strategies and what your legal options may be.
How Does Law Enforcement in Tarrant County View Drug Possession?
Drug possession offenses are a priority with law enforcement in Tarrant County. The State of Texas has some of the harshest drug laws in the country. Both judges and law enforcement officers take drug possession cases very seriously. Therefore, it is crucial for a defendant to reach out to a skilled drug possession lawyer in Tarrant County as soon as possible.
Aggravating Factors in Drug Possession Cases
There are several aggravating factors in drug possession cases that can lead to enhanced penalties. For instance, the schedule of the drug could lead to harsher penalties. A person found in possession of a penalty group 1 drug would be an aggravating factor. Penalty group 1 drugs include cocaine, heroin, methamphetamine, and oxycodone. Possession of these drugs could lead to a felony charge.
Another factor in the possession case is how much of the drug the defendant was in control of. For example, a person with less than two ounces of marijuana will face a Class B misdemeanor. However, an individual with possession of more than five pounds of marijuana will be looking at a third-degree felony offense.
A defendant could face higher penalties if they possessed illegal drugs in a drug-free zone. Some drug-free zones may include schools, parks, and playgrounds. Also, a person who has prior convictions for drug possession could face enhanced penalties.
Drug Possession Consequences
A person charged with drug possession could be looking at jail time, expensive fines, and probation. The severity of the jail time and fines depend on the scheduled drug and other factors. A convicted for drug possession will also be on the person’s record for the rest of their life. There is nothing they can do to get it removed unless they can get a pardon from the governor, which is highly unlikely. A conviction can adversely impact one’s professional life. They could lose their job and have problems with getting another one.
The short and long-term repercussions of a conviction are why a defendant should seek the services of a Tarrant County drug possession attorney as soon as possible.
Diversion or Alternative Sentencing Programs
Diversion and alternative sentencing programs may be available for a defendant. However, it depends on the facts of the case. For example, if a person is charged with a low-level drug and they do not have any other criminal history, they may be mandated to get probation even if they lost at trial. Perhaps a deferred adjudication could be available. Also, there could be a pretrial diversion option for the defendant. These are agreements between the defense lawyer and the district attorney’s office.
Constitutional Issues in Drug Possession Cases
In drug possession cases, an attorney will look to see if there are any constitutional issues. Common constitutional problems in a drug case typically involve the Fourth, Fifth, and Sixth Amendments. The Fourth Amendment protects people from unreasonable searches and seizures. The Fifth Amendment gives the individual the right to remain silent and not incriminate oneself. The Sixth Amendment gives people the right to a lawyer. If law enforcement violates a constitutional right, a skilled defense attorney could motion to have certain evidence dismissed or the case to be dropped.
A Tarrant County Drug Possession Attorney Could Help
If you are facing drug possession charges, you should contact an accomplished attorney right away. A Tarrant County drug possession lawyer could fight for you and help protect your rights. Call today and schedule your consultation.