Facing a possession charge in Texas can be an overwhelming and life-altering experience. Whether you’re carrying a lot or a little, the consequences of a conviction can impact your future, including your job prospects, housing opportunities, and even your right to vote or own a firearm.
If law enforcement stops you, remember that you have the right to remain silent and the right to refuse consent for a search. Officers may use intimidation tactics, but anything you say can be used against you in court. Do not volunteer information or attempt to explain the situation without legal representation. Instead, calmly assert your right to legal counsel and contact an attorney immediately.
A possession charge does not automatically mean a conviction; there are several legal defenses and strategies available that can lead to a case dismissal or reduced penalties. At Guzman Law Firm, we understand the severity of possession charges and the stress they bring. With the right approach, we can work to challenge the prosecution’s case, negotiate on your behalf, and fight for the best possible outcome.
If you need to know how to get a possession charge dismissed in Texas, don’t wait — call Guzman Law Firm today at (956) 516-7198 for a strong defense.
The most common types of possession charges in Texas
Texas has strict laws regarding the possession of illegal substances and items. Here are five common possession charges in the state and how law enforcement and prosecutors build cases against individuals facing these charges:
1. Drug possession (controlled substances)
Possession of a controlled substance applies to those found with illegal drugs which can include the following:
- Cocaine
- Methamphetamine
- Heroin
- LSD
- Unauthorized prescription medications
Prosecutors rely on lab reports, witness testimony, and police observations to prove the substance’s identity and establish that the accused knowingly possessed it.
2. Marijuana possession
Despite the growing legalization movement in other states, marijuana possession in Texas is still considered a serious crime. Possession of two ounces or less is a misdemeanor, while higher amounts can lead to felony charges. Law enforcement builds these cases through physical evidence, admissions of possession, and field tests.
3. Possession with intent to distribute
Conspiracy possession with intent to distribute charges occur when law enforcement finds large amounts of drugs, packaging materials, scales, or large sums of cash. Prosecutors use circumstantial evidence and expert testimony to argue that the accused intended to sell or distribute the substance rather than merely possess it.
4. Possession of drug paraphernalia
Possession of drug paraphernalia (e.g. syringes, bongs, rolling papers, scales, etc.) can lead to charges, even if no actual drugs are found. Prosecutors argue that these items indicate drug use or distribution, using police testimony and forensic analysis as evidence.
5. Firearm possession by a prohibited person
Individuals with prior felony convictions, domestic violence restraining orders, or certain mental health conditions may face criminal charges for firearm possession. Law enforcement often discovers illegal firearm possession (such as a stolen gun) through searches, traffic stops, or tips from informants.
Can you fight a possession charge on your own?
While it is possible to represent yourself in a possession case, doing so comes with significant risks. Texas law treats drug-related offenses seriously, and even first-time drug possession charges in Texas can come harsh penalties, including:
- Fines: Misdemeanor possession charges can result in fines up to $4,000, while felony charges carry fines up to $10,000 or more.
- Jail or prison time: Depending on the substance and quantity, a conviction can lead to months or years behind bars.
- Permanent criminal record: Does a possession charge stay on your record? Yes: a conviction can stay on your record for life, making it difficult to find employment, secure housing, or obtain professional licenses.
- Driver’s license suspension: Drug convictions can lead to automatic driver’s license suspensions, impacting daily responsibilities and employment opportunities.
Without a skilled attorney, you will likely struggle to challenge the prosecution’s case, negotiate plea deals, or identify legal defenses that could lead to a case dismissal. Having an experienced criminal defense lawyer is crucial to protecting your rights and future.
How to beat a possession charge
A knowledgeable criminal defense attorney plays a vital role in fighting possession charges. Depending on the circumstances of your case, several legal defenses may be employed to challenge the prosecution’s claims and seek dismissal:
1. Unlawful search and seizure
If law enforcement obtained evidence without a valid warrant or probable cause, the evidence may be inadmissible in court. A defense attorney can file a motion to suppress evidence obtained through illegal search and seizure, potentially leading to case dismissal.
2. Lack of knowledge or intent
Prosecutors must prove that the accused knowingly possessed the illegal substance. If the drugs or paraphernalia were found in a shared space (such as a car or apartment), an attorney can argue that the accused had no knowledge of their presence.
3. Chain of custody issues
The prosecution must establish an unbroken chain of custody for drug evidence. If evidence was mishandled, misplaced, or tampered with, a defense attorney can challenge its validity and credibility.
4. Entrapment
If law enforcement coerced or pressured the accused into possessing drugs or a firearm, an entrapment defense may be applicable. This defense argues that the individual would not have committed the offense without police encouragement.
5. Diversion programs or plea bargains
First-time offenders or those with minimal criminal history may qualify for pretrial diversion programs, which, upon successful completion, can result in charge dismissal. A criminal defense attorney can negotiate plea agreements that reduce charges or penalties.
6. Character references
Character references and rehabilitation efforts can play an important role in your defense. If you are dealing with substance abuse, seeking treatment or enrolling in a rehabilitation program can demonstrate to the court that you are taking proactive steps to address the issue. This can sometimes lead to reduced penalties or alternative sentencing options.
Don’t let one mistake ruin your life. Call Guzman for a strong defense.
A possession charge does not have to define your future. The right defense strategy can make a significant difference in the outcome of your case. Attorney Javier Guzman has the experience and legal knowledge needed to challenge possession charges and seek the best resolution for his clients. He knows how to get a possession charge dismissed — and his notable victories confirm it!
If you are facing a possession charge in Texas, time is of the essence. Call Guzman Law Firm today at (956) 516-7198, or schedule online to discuss your case, explore your defense options, and take the first step toward clearing your name. Your future is worth fighting for, and we are here to help.
More Helpful Articles by Guzman Law Firm:
- When Can the Police Search Your Car?
- How to Choose the Best DWI Lawyer in San Antonio
- Second DWI in Texas: Penalties and Defenses
- How Long Does a Divorce Take in Texas?
- Can You Sue the Insurance Company?
