Drug offenses have serious consequences
The attorneys at Hyatt & Hyatt have extensive experience defending citizens (and non-citizens) accused of Drug Possession. The consequences for these types of offenses range from misdemeanor probation to First Degree Felony time.
Types of Drug Offenses
Drug offenses in Texas take many forms. Common charges include: Possession of Marijuana, Possession of a Controlled Substance (variety of Penalty Groups) and Possession of a Dangerous Drug. The substance alleged along with its classification within the Controlled Substances Act determine what is charged and how it is charged. The language of the charged offense comes from a variety of sources both within the Controlled Substances Act and the Code of Criminal Procedure and Penal Code. The level of offense along with the statutory punishment range for an offense is dependent on a several factors. These factors include but are not limited to: what the underlying substance is, the amount of the substance and the nature of the possession. Due to the complex nature of Drug Cases, it is imperative to get an attorney that is familiar with the applicable statute associated with the charge and the procedure behind it.
How the state determines what to charge Defendants with
First, the state must identify what the substance is and the amount of the said substance. In analyzing these two factors, the state has a variety of means to determine what contraband was seized along with how much there is. Oftentimes, the state will submit alleged contraband to a laboratory for analysis. The primary purpose of the submission of substances for analysis is to test what the substance is and weigh it. It is the burden of the state to prove any allegations beyond a reasonable doubt in criminal proceedings.
After the substance is identified and measured, the state will then determine how the substance is possessed. This can influence how the offense is charged. With respect to Possession of Controlled Substances, the state will figure out whether there is a Manufacture/Delivery or if the facts justify an intent to deliver. Each of the separate factors is used to determine the level of offense along with the punishment range of said offense.
Collateral Consequences of Drug Possession Convictions
In addition to the considerations listed above, there are collateral consequences to convictions for Drug Possession in Texas. These consequences can include, but are not limited to Driver's License Suspensions, loss of eligibility to receive financial aid for College Students, and detrimental consequences to licensure in fields such as nursing and teaching.
Drug Possession Attorneys stand ready to help
Call us night or day. The attorneys at Hyatt & Hyatt stand ready to meet you on your terms. Your life and liberty are at stake. 903 234-9544