El Paso Drug Possession Lawyer
In Texas, police pursue drug possession charges aggressively and prosecutors push hard for the harshest possible punishments. The penalties for drug possession are stiff, even for a first-time offender. If you have been charged with drug possession in Texas, it is important to have an experienced defense lawyer on your side.
At the Rosales Law Firm, our lawyers have more than 50 years of combined experience handling drug crime defense cases for clients throughout El Paso and the surrounding area. We will work to help you achieve your goals, whether it be dismissal of charges, reduced charges or acquittal by jury.
Contact us today online or by telephone at 915-219-5516. Our El Paso drug possession defense attorneys represent clients throughout El Paso and surrounding areas, including military members stationed at Fort Bliss.
Drug Possession Laws
In Texas, drug possession charges can be classified as either simple possession or possession with intent to distribute. Simple possession involves having a small amount of a drug for personal use, typically resulting in lesser penalties. Possession with intent to distribute is more severe, applied when there is evidence of plans to sell, such as large quantities, packaging materials or scales. This charge carries harsher penalties. Understanding these differences is crucial, and legal counsel is essential for navigating these charges effectively.
Penalties For Drug Possession
Texas imposes strict penalties for drug possession, which vary based on the drug type and quantity. For small amounts, penalties may include a “Class B” misdemeanor with up to 180 days in jail and fines. Larger quantities can result in felonies, with severe cases leading to life imprisonment and fines up to $250,000. Marijuana possession has its own penalties, ranging from misdemeanors for small amounts to life sentences for over 2,000 pounds. Legal consequences are serious, emphasizing the need for knowledgeable legal representation.
Possession: A Felony Or Misdemeanor?
In Texas, drug possession can be a misdemeanor or felony. Misdemeanors involve small amounts, suggesting personal use, with penalties like fines, probation or up to one year in jail. Felonies involve larger amounts or dangerous drugs, indicating serious offenses, with harsher penalties like long prison terms and hefty fines. The classification impacts legal consequences and personal records significantly.
Alternative Sentences For Drug Possession Crimes
For drug possession offenses, Texas may offer alternative sentencing options aimed at rehabilitation rather than punishment. These alternatives can include drug court programs, probation with mandatory treatment, community service or educational programs. The goal is to address underlying substance abuse issues and reduce recidivism. Eligibility often depends on the nature of the offense, criminal history and willingness to participate. Alternative sentences can provide a second chance, focusing on recovery and reintegration into society rather than incarceration.
If Convicted, Can Drug Possession Be Expunged?
In Texas, expungement of drug possession convictions is limited. Generally, convictions cannot be expunged, but records may be eligible for expunction if charges were dismissed, the defendant was acquitted or successfully completed a diversion program. Alternatively, some individuals may qualify for an order of nondisclosure, sealing the record from public view after completing deferred adjudication probation. Eligibility depends on factors like the nature of the offense and criminal history. Consulting with a legal professional is crucial to explore available options for clearing your record.
Why Hire The Rosales Law Firm
Choosing the right legal representation is crucial in drug possession cases. Our firm offers over 50 years of combined experience in defending clients against drug charges. With a background as former assistant district attorneys, we possess a deep understanding of prosecution strategies, enabling us to craft strong defenses. We are committed to protecting your rights and exploring all legal avenues for dismissal, reduced charges, or acquittal. Our personalized approach ensures dedicated attention to your case, striving for your goals. Trust our experience and tenacity to navigate the complexities of the legal system on your behalf.
Charged With Drug Possession In El Paso?
Drug possession can be charged on the state or federal level. If you face federal drug possession charges, it is important to have an attorney who knows how to handle cases at this level. Our criminal defense lawyers are former assistant district attorneys who know how to successfully defend clients against drug possession charges at both the state and federal levels.
The severity of a drug crime charge is dependent upon the type of drug and the amount.
- Marijuana: Possession of less than two ounces is a Class B misdemeanor. Possession of two to four ounces is a Class A misdemeanor. Possession of more than four ounces is a felony.
- Cocaine: Possession of less than one gram of cocaine carries a maximum penalty of 180 days in jail and a fine of $10,000. For possession of more than 400 grams, the punishment is up to 99 years in prison and a fine of up to $100,000.
- Other controlled substances: Other drugs such as meth, heroin, ecstasy, and prescription drugs also carry harsh penalties, depending on the type of drug and amount.
Search and seizure are important elements of a drug possession arrest. Did the police lawfully find the drug? Did they violate your rights in executing the arrest? Our lawyers will explore every aspect of the arrest to find weaknesses in the prosecution’s case. We know Texas drug defense law and we know how to get results.
Fort Bliss Drug Possession Attorneys
If you are facing drug possession charges in El Paso, Fort Bliss or anywhere in Texas, our lawyers are here to help. Contact our office today to discuss your case. We are available during regular business hours and by appointment at other times. You can reach us by phone at 915-219-5516 or via email. We accept all major credit cards for your convenience.