Possession of a dangerous drug charge is defined by the amount obtained in an arrest. Anything less than twenty-eight grams is a Class A misdemeanor. If the alleged offender was carrying more than 28 grams at the time of arrest, then he could be subject to felony charges. When you hear the term “dangerous drug,” you can imagine drugs that are always in the media, such as heroin or cocaine.
The term dangerous drug has a very specific meaning under Texas state law. In Texas, a dangerous drug is an unscheduled drug (that is,. Even if a dangerous drug isn't a drug listed under Texas law, it doesn't mean there are no consequences for possessing it. If you illegally possess or obtain a dangerous drug, you may face a criminal charge of possession of a dangerous drug.
In fact, you could face charges for a drug you legally purchased if you possessed the drug in a container other than the original prescription bottle.
drug possessionlaws in Texas are strict. If you have been arrested for possession of a dangerous drug or possession of a controlled substance in Texas, contact Doug Murphy Law Firm, P, C. Attorney Doug Murphy is Houston's Best Drug Possession Attorney Available.
Doug Murphy is an experienced trial attorney with a proven track record of successfully defending his clients. Contact the Doug Murphy, P.C. Law Firm. Today, to learn more about how you can help you defend yourself before a jury of your peers.
While the name may be confusing, there are clear differences between dangerous drugs and substances controlled under Texas law. There are drugs in both categories that can only be legally possessed with a prescription. However, dangerous drugs only include drugs that are not as strictly regulated. Under Texas law, Xanax and Valium are examples of dangerous drugs that can lead to a charge for possession of dangerous drugs.
On the other hand, controlled substances include the most addictive substances available. They include illicit drugs such as heroin or methamphetamine, as well as prescription drugs such as morphine. The most addictive programmed drugs, known as penalty group 1 drugs, carry the harshest sentences of any controlled substance. If you are arrested for any controlled substance on the drug list, you can be charged with possession of controlled substances in Texas.
Any substance that qualifies as a dangerous drug under Texas law has some form of valid intended use. As long as you get these legally dangerous drugs from a licensed medical professional, you won't take any legal risks. However, if you get a dangerous drug from someone other than a pharmacist or medical professional, even if they have a valid prescription, you could be charged with possession of a dangerous drug. You can also face criminal charges under other conditions, too.
For example, you may be charged with a crime if you attempt to make an unauthorized sale of a dangerous drug that you have lawfully purchased. In addition, carrying a dangerous drug in a container other than the prescription bottle can lead to arrest. In that situation, the prosecutor may drop the charges against you if you can prove that you had a valid prescription at the time of your arrest. That's where an experienced criminal defense lawyer comes into play.
Your lawyer may be able to discuss the case with the prosecutor early in the process, clearing up misunderstandings and having unjustified charges dismissed. To learn what a Houston drug possession lawyer can do for you, contact Doug Murphy Law Firm, P, C. Having a valid prescription is not the only case in which possessing a dangerous drug would not merit criminal charges. In fact, there are some cases where the possession, delivery, or manufacture of a dangerous drug is exempt from prosecution.
If you are arrested while possessing a large number of dangerous drugs, you could face felony charges. In addition, any conviction for possession of dangerous drugs can lead to the suspension of your driving privileges. While the obvious answer to an arrest for possession of a dangerous drug is to worry about possible jail time or fines, it's worth remembering that any conviction for possession of a dangerous drug can lead to a six-month driver's license suspension. In addition to the suspension, you will also be required to complete an authorized Drug Education Program to have your license reinstated.
There are many lawyers who are happy to defend you on drug possession charges in Texas. But how do you know which lawyer is right for you? Hiring your lawyer involves much more than just choosing a lawyer with frequent advertisements on television or the Internet. The best course of action for hiring a defense attorney is to make sure they are certified by the Texas State Board as an expert in criminal defense law. Only the best and most successful lawyers have the opportunity to obtain such certification.
Both Doug Murphy and Chris McKinney are certified in Criminal Law by the Texas Board of Legal Specialization. To be certified as an expert in criminal defense law, a lawyer must devote a large part of his or her career to defending the defendant. They must also have achieved certain milestones in the courtroom, including a minimum number of jury trials. Finally, the lawyer must pass rigorous skills tests before being able to be accredited.
Only a fraction of self-described criminal defense lawyers in Houston are certified as experts, making it an excellent metric for separating the best from the rest. This certification is highly respected by the Texas legal community, due to the commitment and experience required to obtain it. If you have been charged with possession of a dangerous drug in the Houston area, Doug Murphy, P.C. Doug Murphy is a board certified expert in criminal defense law.
In fact, he is one of only two attorneys in the state of Texas who is certified as an expert in both criminal defense law and DWI defense law. He has extensive experience advocating for clients in the Houston area and has had positive results in many of those cases. There are many lawyers who are content to take your money and pressure you to sign any plea agreement filed by the prosecutor. Doug Murphy isn't one of those lawyers.
You understand that, in many cases, your client's best chance for a positive outcome is to take the case to trial. That's why he prepares each case as if it were finally decided before a jury of his peers. To discuss your case with Houston's best drug crime lawyer, contact Doug Murphy Law Firm, P, C. We will contact you shortly.
If you are facing DWI or other criminal charges in Texas, contact our office today to discuss your case, so we can begin working on your defense. Provide only your personal email and mobile phone number so that we can contact you immediately and confidentially. In the State of Texas, the Criminal Code defines possession of an illegal item as the actual care, custody, control, or administration of that item. To prove a case, the State must prove, beyond a reasonable doubt, not only that the defendant had an illegal object, but that the defendant had it voluntarily, knowingly, or otherwise on purpose.
The punishment for possession of dangerous drugs ranges from a class B misdemeanor to a felony with life imprisonment for possession with intent to distribute. Texas law defines possession of a dangerous drug as the care, custody, control, or handling of an illegally obtained substance. The state must prove that the defendant not only had the illegal item, but that he was also knowingly and voluntarily in his possession. There are many ways that an experienced drug possession lawyer in Houston, Texas, can defend you if you face a dangerous drug charge.
Each conviction for possession involving drugs in this penalty group is a felony conviction. Given the charges, fines, and penalties you may incur if you are arrested for possession of dangerous drugs in Texas, a criminal lawyer with more than 30 years of experience both as a prosecutor and a judge will know the most effective strategy to help you with your defense. Dangerous drug laws are strict, and a conviction for possession of a dangerous drug can have serious consequences. A lot could happen if you're caught with prescription and non-prescription drugs, and the consequences can be much worse than you think.
You may also be considered to possess a drug even if it is not in your person, but only in special circumstances. The objectives of the program are to reduce the use, manufacture and trafficking of illicit drugs, drug-related crime and violence, and drug-related health consequences. Dangerous drug charges can be very serious in the state of Texas, and you should have an attorney who knows the law for possession of illegal drugs inside and out. Having another authorized purpose for possessing a dangerous drug is another defense, which could include possession of the drug as a law enforcement officer, warehouse worker or carrier, wholesaler, midwife caring for a pregnant woman in need of a certain drug, or as a medical investigator who is in possession of a certain drug medication for a legitimate purpose other than personal use or resale.
Constitutional defenses can result in the dismissal of the State's case if the police found the drugs dangerous due to an illegal search of your home, vehicle, or individual. Usually, if you are discovered with a dangerous drug in an amount greater than 28 grams, you will be charged with a felony. Finding the right lawyer to help you build a defense is the first step in handling drug possession charges. The main defense to the possession charge is that the drug was received directly from or with a valid prescription from a professional operating in the course of his professional practice.