Houston Criminal Defense Attorney - Brian Foley - Board Certified in Criminal Law.
Understanding and Defending Against Possession of Controlled Substance Charges in Houston, Texas
As a criminal defense attorney in Houston, Texas, I often see clients who have been charged with possession of a controlled substance. These charges can range from simple possession of marijuana to possession of a more serious drug, such as cocaine or methamphetamine. Regardless of the type of drug involved, possession of a controlled substance charges can have serious consequences, including significant fines and imprisonment.
The first thing to understand is that Texas law classifies controlled substances into different categories, or "penalty groups," based on their potential for abuse and the severity of the punishment for possession. Penalty Group 1, for example, includes drugs such as cocaine and heroin, while Penalty Group 2 includes drugs such as marijuana and ecstasy. The penalties for possession of a controlled substance will vary depending on the drug and the amount in question.
In order to be convicted of possession of a controlled substance, the prosecution must prove that the defendant knowingly and intentionally possessed the drug. This means that the prosecution must show that the defendant was aware of the presence of the drug and had control over it. This can be a difficult burden for the prosecution to meet, and a good criminal defense attorney will scrutinize the prosecution's evidence and look for any weaknesses in their case.
One of the most common defenses to possession of a controlled substance charges is that the drug was found during an illegal search or seizure. The Fourth Amendment of the United States Constitution protects citizens against unreasonable searches and seizures, and if the police violated this protection, any evidence obtained as a result may be suppressed. A criminal defense attorney will be able to determine if the police had a valid reason to search the defendant and if any evidence was obtained illegally.
Another possible defense is that the defendant did not know that the drug was present. This is known as the "lack of knowledge" defense. For example, if the drug was found in a shared car or residence, the defendant may argue that they did not know that the drug was there and therefore could not have knowingly and intentionally possessed it.
In conclusion, possession of a controlled substance charges can be serious and have severe consequences.
If you or someone you know has been charged with possession of a controlled substance in Houston, Texas, it's important to seek the guidance of an experienced criminal defense attorney. They will be able to navigate the criminal justice system on your behalf, protect your rights, and give you the best chance at a favorable outcome. If you have been charged with possession of a controlled substance, don't hesitate to contact a criminal defense attorney at www.houstoncriminaldefenseattorneyspllc.com
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