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Simple drug possession could land you in prison

by | Aug 4, 2021 | Criminal Defense

Whether you’re facing state or federal charges, being accused of possessing drugs is serious. In Texas, controlled dangerous substances (CDS) such as ecstasy, PCP, LSD and cocaine are all tightly controlled. If you are caught with them or the compounds needed to manufacture them, you could face serious penalties.

Depending on where you are when you’re caught with these drugs, if you’ve traveled into Texas from out of state, the amount you have in your possession and other factors, you could face a range of penalties. If you happen to face federal charges, you should know that you’ll be charged and have mandatory minimum sentencing requirements upon conviction.

What does the state have to do to prove a drug case against you?

To prove a drug case against you, the state has to be able to show that drugs were found in your possession after you were legally searched. This is why it’s important to look into your legal rights. You need to work through the initial traffic or personal stop as well as any other issues that led to a search. If the search was not performed legally, then you may be able to get the case dropped completely.

What kinds of penalties could you face for the possession of a CDS?

Penalties for being in possession of a controlled dangerous substance will vary based on how much you were in possession of. For cocaine possession, for example, you will face a felony charge if you have even a small amount (under one gram). That could lead to a mandatory prison sentence of a year or longer by virtue of being a felony alone.

Possessing over 200 grams of that substance, as an example, could get you a prison sentence of up to 99 years. Fortunately, the state does offer some drug court diversion programs to first-time offenders, which is something to look into if you are being accused of drug possession.

If you are accused of a drug crime, don’t wait to defend yourself. You need to build a strong case and to know your rights, so that you don’t say or do something that incriminates you.