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        <title><![CDATA[drug possession charges - The Law Firm of Andrea M. Kolski]]></title>
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        <description><![CDATA[Andrea M. Kolski's Website]]></description>
        <lastBuildDate>Mon, 03 Nov 2025 21:59:36 GMT</lastBuildDate>
        
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                <title><![CDATA[Criminal Defense Attorney Explains Unlawful Possession of a Controlled Substance in Texas]]></title>
                <link>https://www.nonstopjustice.com/blog/criminal-defense-attorney-explains-unlawful-possession-of-a-controlled-substance-in-texas/</link>
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                <dc:creator><![CDATA[The Law Firm of Andrea M. Kolski]]></dc:creator>
                <pubDate>Mon, 03 Nov 2025 21:59:35 GMT</pubDate>
                
                    <category><![CDATA[Criminal Defense]]></category>
                
                    <category><![CDATA[Drug Possession]]></category>
                
                    <category><![CDATA[Prescription Drugs]]></category>
                
                
                    <category><![CDATA[controlled substance law]]></category>
                
                    <category><![CDATA[drug possession charges]]></category>
                
                    <category><![CDATA[drug possession lawyer]]></category>
                
                
                
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                <description><![CDATA[<p>Texas drug possession charges can lead to some of the country’s harshest penalties when it comes to controlled substances, with January 2025’s top three federal District Court judges for narcotics crime cases resulting in convictions all hailing&nbsp;from the Lone Star State. Andrea Kolski is an award winning criminal defense attorney with over 25 years of&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Texas drug possession charges can lead to some of the country’s harshest penalties when it comes to controlled substances, with January 2025’s top three federal District Court judges for narcotics crime cases resulting in convictions all hailing&nbsp;<a href="https://tracreports.org/tracreports/bulletins/drugs/monthlyjan25/gui/">from the Lone Star State</a>.</p>



<p><a href="https://www.nonstopjustice.com/lawyers/andrea-m-kolski/">Andrea Kolski is an award winning criminal defense attorney</a> with over 25 years of trial experience and has  helped countless clients overcome the longest odds.  Still, it’s important to understand what lies ahead.  Outcomes can range from dismissal or diversion to significant prison sentences, and many circumstances can escalate the case further, such as being caught in a drug-free zone or having prior convictions.</p>



<p>In summary:</p>



<ul class="wp-block-list">
<li>When it comes to <strong>unlawful possession of a controlled substance</strong>, Texas drug laws are stringent, often matching controlled substance penalties to specific thresholds.</li>



<li>To successfully prosecute, the State must show that the individual had “knowing possession” of the substance, meaning they knew they had it and what it was.</li>



<li>Receiving early legal help can often help you protect your interests, such as employment, or open the door to a stronger legal defense.</li>
</ul>



<p>It’s essential to understand the full nature of your situation to avoid further trouble. With the right information, a local criminal defense attorney can help you evaluate your options, including potential defenses, which can be essential for reducing the punishment or even getting the case dismissed.</p>



<h2 class="wp-block-heading" id="h-what-is-the-punishment-for-nbsp-unlawful-possession-of-a-controlled-substance-nbsp-in-texas">What Is the Punishment for&nbsp;<strong>Unlawful Possession of a Controlled Substance</strong>&nbsp;in Texas?</h2>



<p>Texas possession laws make it clear that punishments depend heavily on the&nbsp;<em>penalty group</em>&nbsp;in which the specific crime falls. They also depend on the total mass, or “aggregate weight” of the mixture, including both the specific controlled substance and fillers.</p>



<p>Punishment ranges span from Class B and Class A misdemeanors up to first-degree felonies. Many of these can come with decades of prison time and extremely high fines in the most extreme cases.</p>



<p>You can even receive punishment for knowingly having under one gram of a substance. However, heavier weights can move things into the realm of first-, second-, or even third-degree felonies.</p>



<h3 class="wp-block-heading" id="h-what-are-the-penalty-thresholds-in-texas">What Are the Penalty Thresholds in Texas</h3>



<p>The penalty groups <a href="https://www.nonstopjustice.com/blog/what-happens-if-youre-caught-with-a-controlled-substance-in-texas/" target="_blank" rel="noreferrer noopener">increase in scale</a> depending on the mass of the material and the type of controlled substance found.  </p>



<p><strong>Penalty group 1 or 1B:&nbsp;</strong>These are drugs such as heroin, cocaine, or fentanyl. Being in possession of these will be a felony even at low weights, with increased penalties as the weight increases.</p>



<p><strong>Penalty group 1A:</strong>&nbsp;For example, LSD.<strong>&nbsp;</strong>These use unit counts as punishment tiers, such as the number of doses.</p>



<p><strong>Penalty group 2:&nbsp;</strong>These include hallucinogens and THC concentrates, and are a state-jail felony for possession of under 1g..</p>



<p><strong>Penalty group 2A:&nbsp;</strong>These are synthetic cannabinoids. PG 2A tiers include misdemeanor tiers for very low quantities.</p>



<p><strong>Penalty group 3 or 4:&nbsp;</strong>Some prescription drugs and codeine preparations. These start as misdemeanors when they are under 28g.</p>



<p>However, if you are in a drug-free zone, use a child in your sale, or endanger them while in possession, it can elevate the punishment severely beyond the above ranges.</p>



<h2 class="wp-block-heading" id="h-what-is-considered-a-controlled-substance-in-the-lone-star-state">What Is Considered a Controlled Substance in the Lone Star State?</h2>



<p>In Texas, controlled substances are listed drugs in the Texas Controlled Substances Act, which generally adheres to the above penalty groups. An <a href="https://www.nonstopjustice.com/lawyers/andrea-m-kolski/">experienced Texas criminal defense lawyer</a> will understand the nuances of the law and how it could be applied in your case.  However, if you’d like to educate yourself, there are other details you can read in full in <a href="https://statutes.capitol.texas.gov/docs/hs/htm/hs.481.htm" target="_blank" rel="noreferrer noopener">the act itself</a>.</p>



<p>It is important to note that many prescription drugs are controlled, and you may not be aware of it. For example:</p>



<ul class="wp-block-list">
<li>Hydrocodone, otherwise known as Vicodin</li>



<li>Alprazolam, also known as Xanax</li>
</ul>



<p>If someone asks you to transport these for someone else, it is best to refuse.</p>



<h2 class="wp-block-heading" id="h-frequently-asked-questions-faq">Frequently Asked Questions (FAQ)</h2>



<h3 class="wp-block-heading" id="h-do-first-time-drug-offenders-go-to-jail-in-texas">Do First-Time Drug Offenders Go to Jail in Texas?</h3>



<p>It is possible to go to jail for first-time drug offenses in some circumstances. However, with a proper defense, <em><strong> first-time offenders can receive lesser punishments</strong></em>, such as community supervision.</p>



<p>The exact court response depends on several factors such as the severity of the crime, the offender’s criminal history, and the skill and experience of the <a href="https://www.nonstopjustice.com/lawyers/andrea-m-kolski/">criminal defense attorney</a> representing you.</p>



<p>However, it is essential to note that if you receive lesser punishments and get in trouble again , the courts are more likely to impose jail or similar penalties. An<a href="https://www.nonstopjustice.com/lawyers/andrea-m-kolski/"> experienced criminal defense attorney</a> can build an explanation that may keep further punishments from being incurred.  Judges will weigh the risks, and if they believe <em><strong>you are likely to attempt to escape punishment</strong></em>, then they will be more strict about it.</p>



<h3 class="wp-block-heading" id="h-how-many-grams-are-considered-a-felony-in-texas">How Many Grams Are Considered a Felony in Texas?</h3>



<p>The charge can be a felony if the amount of the substance is under 1 gram and it is a Penalty Group 1 or 2 chemical. Having more of it then increases the likelihood further.</p>



<p>However, it is essential to note that, as mentioned above, the courts measure the amount of LSD you are in possession of in units, or doses, of the substance, not grams.</p>



<h3 class="wp-block-heading" id="h-is-xanax-a-controlled-substance-in-texas">Is Xanax a Controlled Substance in Texas?</h3>



<p>Yes.</p>



<p>Alprazolam, the active ingredient in Xanax, is a Penalty Group 3 controlled substance in the State. As such, without a prescription, possession may be a crime.</p>



<p>For this reason, if you ever stop taking Xanax and your doctor removes your prescription, you should return any unused medicines to a local pharmacy. There are also&nbsp;<a href="https://www.fda.gov/consumers/consumer-updates/where-and-how-dispose-unused-medicines" target="_blank" rel="noreferrer noopener">several other options</a>&nbsp;available should you need them.</p>



<h3 class="wp-block-heading" id="h-can-drug-charges-be-dropped-in-texas">Can Drug Charges Be Dropped in Texas?</h3>



<p>In short, yes, but it’s not simple or easy.  The court sometimes dismisses charges when the <a href="https://www.nonstopjustice.com/blog/common-drug-crimes-and-how-a-skilled-attorney-can-help-you/" target="_blank" rel="noreferrer noopener">evidence is suppressed or insufficient</a>. For example, <em><strong>problems in a chain of evidence custody can cause a case to collapse</strong></em>, and this is the type of thing that an <a href="https://www.nonstopjustice.com/lawyers/andrea-m-kolski/">experienced drug defense lawyer</a> would look for when defending you.</p>



<p>They would ensure that the State performs its due diligence by questioning when evidence is shaky, and by<em><strong>&nbsp;charging you only with what the police can incontrovertibly prove in court</strong></em>.</p>



<h2 class="wp-block-heading" id="h-take-immediate-action-to-protect-your-record">Take Immediate Action to Protect Your Record</h2>



<p>When you are charged with <strong>unlawful possession of a controlled substance</strong>, you want to know that someone has your back who can advocate for your rights. That’s where an <a href="https://www.nonstopjustice.com/lawyers/andrea-m-kolski/">experienced drug possession lawyer</a> can make all the difference.   If weak links in a case, or illegal searches, mean that evidence is flawed or not presentable, an <a href="https://www.nonstopjustice.com/lawyers/andrea-m-kolski/">experienced drug lawyer</a> will know what to look for and how to present it for your defense.</p>



<p>As a former Harris County Prosecutor with over 20 years of trial experience and having served as the President of the Montgomery County Criminal Defense Lawyers Association, criminal justice attorney Andrea M. Kolski has your back.  As an experienced Montgomery county drug possession lawyer, Andrea has navigated the toughest cases and earned countless dismissals, reduced charges, and other positive outcome.  When it comes to controlled substance charges, Andrea and her team at Nonstopjustice have the experience,knowledge, and skill to give you the best chance at success.  If you or a loved one are facing controlled possession charges, don’t go it alone.  Get an experienced, respected, and trustworthy drug possession lawyer on your side.  Pick up the phone and <a href="https://www.nonstopjustice.com/contact-us/" target="_blank" rel="noreferrer noopener">contact Andrea and her team today</a> to improve your chances of a better outcome.</p>
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            <item>
                <title><![CDATA[What Happens If You’re Caught With a Controlled Substance in Texas?]]></title>
                <link>https://www.nonstopjustice.com/blog/what-happens-if-youre-caught-with-a-controlled-substance-in-texas/</link>
                <guid isPermaLink="true">https://www.nonstopjustice.com/blog/what-happens-if-youre-caught-with-a-controlled-substance-in-texas/</guid>
                <dc:creator><![CDATA[The Law Firm of Andrea M. Kolski]]></dc:creator>
                <pubDate>Tue, 04 Mar 2025 21:50:47 GMT</pubDate>
                
                    <category><![CDATA[Criminal Defense]]></category>
                
                    <category><![CDATA[Criminal Law]]></category>
                
                    <category><![CDATA[Drug Possession]]></category>
                
                    <category><![CDATA[Know Your Rights]]></category>
                
                    <category><![CDATA[Marijuana Laws]]></category>
                
                    <category><![CDATA[Prescription Drugs]]></category>
                
                
                    <category><![CDATA[criminal defense attorney]]></category>
                
                    <category><![CDATA[drug lawyer]]></category>
                
                    <category><![CDATA[Drug Possession]]></category>
                
                    <category><![CDATA[drug possession charges]]></category>
                
                
                
                    <media:thumbnail url="https://nonstopjustice-com.justia.site/wp-content/uploads/sites/714/2025/03/Image-Pills-3-5-25.jpg" />
                
                <description><![CDATA[<p>Explore the consequences of possession of a controlled substance in Texas. Understand potential charges, penalties, and defense options.</p>
]]></description>
                <content:encoded><![CDATA[
<h3 class="wp-block-heading" id="h-possession-of-a-controlled-substance-in-texas-what-to-know">Possession of a Controlled Substance in Texas: What to Know</h3>



<h4 class="wp-block-heading" id="h-"></h4>



<p>According to the&nbsp;<a href="https://www.dps.texas.gov/sites/default/files/documents/crimereports/20/drug_report_2020.pdf">Texas Department of Public Safety</a>, there were more than 300 arrests for every 100,000 people for drug abuse in 2020. What happens if you’re caught with&nbsp;<strong>possession of a controlled substance in Texas</strong>? Texas enforces strict drug possession laws, often leading to severe penalties, even for first-time offenders.</p>



<p>Today we’re taking a closer look into the consequences of being found with controlled substances in Texas, covering possible charges, penalties, and key legal defenses to consider.</p>



<h2 class="wp-block-heading" id="h-what-constitutes-possession-of-a-controlled-substance-in-texas">What Constitutes Possession of a Controlled Substance in Texas</h2>



<p>Understanding what legally counts as “possession” is key to grasping Texas drug possession laws. Texas law recognizes two types of possession that can lead to charges for controlled substances:</p>



<ul class="wp-block-list">
<li>Actual possession</li>



<li>Constructive possession</li>



<li>Evidence of intent to possess or control the substance</li>
</ul>



<h3 class="wp-block-heading" id="h-actual-possession">Actual Possession</h3>



<p>Actual possession happens when a&nbsp;<a href="https://www.nonstopjustice.com/blog/defense-attorney-blog-fighting-charges-of-possession-of-a-controlled-substance-in-texas/">controlled substanc</a>e is physically found on someone, such as in a pocket or bag.&nbsp;<em><strong>Law enforcement typically considers this the strongest form of possession, as it shows a clear connection between the person and the substance. Being found with drugs on your person often leads to immediate charges.</strong></em></p>



<h3 class="wp-block-heading" id="h-constructive-possession">Constructive Possession</h3>



<p>Constructive possession occurs when the substance isn’t directly on a person but is nearby and within their control. It might apply if drugs are in a vehicle, residence, or shared space.  This type of drug possession could happen if you’re a passenger in a car, for example.</p>



<p>For constructive possession, prosecutors must prove the individual had control over the area where the drugs were found and knew about the substance. In these cases, the connection to the drugs must be strong to establish intent.  For example, if you’re a passenger in a vehicle where illegal drugs or controlled substance have been found, the vehicle itself is a relatively small space and reaching into a backseat or under a floor mat is possible for most average sized people.  Defending against this type of drug possession charge can be tricky but an <a href="https://www.nonstopjustice.com/lawyers/andrea-m-kolski/">experienced drug possession lawyer</a> will understand how to create a potential defense. </p>



<h3 class="wp-block-heading" id="h-evidence-of-intent-to-possess-or-control">Evidence of Intent to Possess or Control</h3>



<p><em><strong>To pursue a charge, prosecutors need to show that there was an intention to possess or control the substance</strong></em>. It can involve physical evidence,&nbsp;<a href="https://www.forensicsciencesimplified.org/prints/">like fingerprints</a>&nbsp;or belongings mixed with the drugs, or even witness statements. The strength of this evidence often shapes the severity of the charge, especially when intent is harder to prove without physical possession.</p>



<h2 class="wp-block-heading" id="h-severity-and-classification">Severity and Classification</h2>



<p>In Texas, charges for possession of a controlled substance vary based on the type of drug, its quantity, and the circumstances of the case. Different levels of charges can apply, from minor misdemeanors to severe felonies.</p>



<p>There are three main factors that determine the severity of a possession charge in Texas:</p>



<ul class="wp-block-list">
<li>The type of controlled substance involved</li>



<li>The amount of the substance in possession</li>



<li>Aggravating factors that could increase the severity of charges</li>
</ul>



<h3 class="wp-block-heading" id="h-the-type-of-controlled-substance-involved">The Type of Controlled Substance Involved</h3>



<p>Controlled substances are classified into different penalty groups in Texas, each carrying distinct levels of punishment. Drugs in Penalty Group 1, such as cocaine&nbsp;<a href="https://americanaddictioncenters.org/stimulants/meth">and methamphetamine</a>, are viewed as highly dangerous and carry the harshest penalties.</p>



<p>Meanwhile, drugs in lower penalty groups, like certain prescription medications, may receive less severe consequences. Each group’s classification influences how a possession charge is handled and how prosecutors pursue the case.</p>



<h3 class="wp-block-heading" id="h-the-amount-of-the-substance-in-possession">The Amount of the Substance in Possession</h3>



<p>The quantity of the substance found plays a significant role in determining the charge. Small amounts may lead to misdemeanor charges, but larger quantities can quickly escalate the situation to a felony.</p>



<p>For example, possession of under one gram of cocaine could result in a state jail felony, while possessing 400 grams or more might lead to a first-degree felony with lengthy prison time. The approach underscores how Texas law treats larger amounts as potential signs of intent to distribute, leading to stiffer penalties.  Having an <a href="https://www.nonstopjustice.com/lawyers/andrea-m-kolski/">experienced drug possession lawyer </a>that’s familiar with the intricacies of Texas drug law can make all the difference in your case. </p>



<h3 class="wp-block-heading" id="h-aggravating-factors">Aggravating Factors</h3>



<p>Certain factors can increase the severity of possession charges, regardless of the amount or type of drug.&nbsp;<em><strong>These “aggravating factors” may include possession near a school, having a weapon at the time of the arrest, or having previous drug convictions.</strong></em></p>



<p>Each of these factors can raise the level of the charge and lead to stricter penalties. For instance, being found with a controlled substance within a designated drug-free zone, like near a school, could add years to a sentence and significantly impact the final outcome.</p>



<h2 class="wp-block-heading" id="h-legal-defenses-for-controlled-substance-possession">Legal Defenses for Controlled Substance Possession</h2>



<p>Texas has some of the highest conviction rates in the nation when it comes to drug crimes.  It’s not a place to go it alone.  Hiring an experienced <a href="https://www.nonstopjustice.com/lawyers/andrea-m-kolski/">drug possession attorney</a> is a good choice as soon as possible.  Facing a charge for possession of a controlled substance in Texas can be intimidating, but several legal defenses with the help of a Texas criminal defense attorney may reduce or dismiss charges. Here are three common defenses used in these cases:</p>



<ul class="wp-block-list">
<li>Unlawful search and seizure</li>



<li>Lack of knowledge of possession</li>



<li>Valid prescription defense</li>
</ul>



<h3 class="wp-block-heading" id="h-unlawful-search-and-seizure">Unlawful Search and Seizure</h3>



<p>One of the most common defenses in drug possession cases is arguing unlawful search and seizure. The Fourth Amendment protects against unreasonable searches, and law enforcement must have probable cause or a warrant to conduct a legal search.</p>



<p>If the police violated these rights during the search, any evidence they found could be thrown out. <em><strong>The defense can lead to reduced or dismissed charges when the search process does not meet legal standards.</strong></em></p>



<h3 class="wp-block-heading" id="h-lack-of-knowledge-of-possession">Lack of Knowledge of Possession</h3>



<p>Another defense involves proving that the defendant did not know about the presence of the controlled substance. The argument works well in constructive possession cases where the drugs are found near the defendant but not on them.</p>



<p>For example, if drugs are found in a shared space, such as a car or house, the defense could argue that the defendant was unaware of the drugs. This defense requires strong evidence to show that the person had no knowledge or control over the substance.</p>



<h3 class="wp-block-heading" id="h-valid-prescription-defense">Valid Prescription Defense</h3>



<p>A valid prescription defense applies when the controlled substance is a prescription drug that is legal to use with a medical prescription. <em><strong>If the defendant possesses a valid prescription for the drug found, they can use this as a defense.</strong></em>  Recently, Texas has modified it’s drug laws for medical marijuana with a doctors prescription.  Medical marijuana laws in Texas have strict rules and guidelines.  Learn more about Texas medical marijuana laws <a href="https://www.nonstopjustice.com/blog/marijuana-laws-in-texas/">here.</a> </p>



<p><a href="https://www.nonstopjustice.com/blog/finding-the-best-drug-possession-lawyer-when-facing-charges/">This defense</a>&nbsp;is specific to prescription medications like certain painkillers or anti-anxiety drugs. The defendant must prove they have a legitimate prescription and that the medication aligns with the amount found in their possession. It often works when the substance is legal but may appear suspicious if there’s no proof of a prescription.</p>



<h2 class="wp-block-heading" id="h-controlled-substance-charges-texas">Controlled Substance Charges Texas</h2>



<p>Facing a charge for&nbsp;<strong>possession of a controlled substance in Texas</strong>&nbsp;carries serious consequences, from fines to lasting effects on one’s record.</p>



<p><a href="https://www.nonstopjustice.com/lawyers/andrea-m-kolski/">Andrea M. Kolski</a> is a seasoned criminal justice attorney and former prosecutor with over 20 years of experience. She has a proven record of dismissals and reduced charges for clients across Texas. With the Nonstopjustice team, we provide relentless, skilled defense for charges from DUI to assault.</p>



<p>Don’t let a Texas drug possession charge ruin your future!  Get an experienced Texas drug attorney on your side- <a href="https://www.nonstopjustice.com/contact-us/">contact us</a> today!</p>



<p></p>
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            <item>
                <title><![CDATA[Defense Attorney Blog: Fighting Charges of Possession of a Controlled Substance in Texas]]></title>
                <link>https://www.nonstopjustice.com/blog/defense-attorney-blog-fighting-charges-of-possession-of-a-controlled-substance-in-texas/</link>
                <guid isPermaLink="true">https://www.nonstopjustice.com/blog/defense-attorney-blog-fighting-charges-of-possession-of-a-controlled-substance-in-texas/</guid>
                <dc:creator><![CDATA[The Law Firm of Andrea M. Kolski]]></dc:creator>
                <pubDate>Mon, 05 Aug 2024 17:34:23 GMT</pubDate>
                
                    <category><![CDATA[Criminal Law]]></category>
                
                    <category><![CDATA[Drug Possession]]></category>
                
                    <category><![CDATA[Marijuana Laws]]></category>
                
                    <category><![CDATA[Prescription Drugs]]></category>
                
                
                    <category><![CDATA[criminal defense attorney]]></category>
                
                    <category><![CDATA[criminal justice lawyer]]></category>
                
                    <category><![CDATA[Drug Possession]]></category>
                
                    <category><![CDATA[drug possession charges]]></category>
                
                
                
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                <description><![CDATA[<p>Americans are prescribed more drugs on average than any other nation on Earth. Most of us never stop to think that many of the drugs legally prescribed by our doctors are categorized as “controlled substances” under the law. Mishandling, abuse, or even sharing these drugs with others can quickly land you in hot water with&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Americans are prescribed more drugs on average than any other nation on Earth.  Most of us never stop to think that many of the drugs legally prescribed by our doctors are categorized as “<a href="https://www.deadiversion.usdoj.gov/schedules/orangebook/c_cs_alpha.pdf" target="_blank" rel="noreferrer noopener">controlled substances</a>” under the law.  Mishandling, abuse, or even sharing these drugs with others can quickly land you in hot water with the law.  The laws governing controlled substances are often misunderstood and can have significant consequences on your life.</p>



<p>If you or a family member are dealing with charges of possession, distribution, or manufacturing of controlled substances, it’s time to get a skilled and <a href="https://www.nonstopjustice.com/lawyers/andrea-m-kolski/">experienced controlled substance lawyer</a> by your side before things get out of hand.  An experienced controlled substance lawyer specializes in handling these types of cases and will insure your rights are protected. They can provide the expertise needed to navigate the legal system, protect your rights, and work towards the best possible outcome.</p>



<p>Here’s a guide to help you find the most experienced substance possession lawyer for your case.</p>



<h2 class="wp-block-heading" id="h-hiring-the-best-drug-crime-attorney-in-the-woodlands">Hiring the Best Drug Crime Attorney in The Woodlands </h2>



<p>If there’s one rule all lawyers agree on, it’s this:  never go to court without a lawyer representing you.  The reality of the court system is a far cry from what we see on TV and in the movies.  It’s a very serious place with serious consequences.  Don’t assume you can be like Joe Pesci in the movie “<a href="https://metrograph.com/joe-pesci/#:~:text=The%20first%20was%2C%20of%20course,50%3B%20Marisa%20Tomei%20was%2027." target="_blank" rel="noreferrer noopener">My Cousin Vinny</a>“.  and start defending yourself in court. That only works in the movies.</p>



<p>In real life, you want an experienced, talented, hard-working narcotics defense lawyer on your side, fighting hard against the charges laid on your doorstep.</p>



<p>Here are some reasons why:</p>



<h3 class="wp-block-heading" id="h-expertise-in-drug-laws-specifically-texas-drug-laws">Expertise in Drug Laws- Specifically TEXAS Drug Laws</h3>



<p>Controlled substance laws are complicated and every state has it’s own specific laws and guidelines.  A good defense requires a deep understanding of federal and  Texas state drug laws. An experienced <a href="https://www.nonstopjustice.com/lawyers/andrea-m-kolski/">Texas controlled substance defense lawyer</a> will be well-versed in these laws and how they apply to your specific situation.</p>



<p>They can identify any weaknesses in the prosecution’s case, use legal precedents to your advantage, and ensure that your defense strategy is sound.</p>



<h3 class="wp-block-heading" id="h-protecting-your-rights-and-your-future">Protecting Your Rights and Your Future</h3>



<p>People mistakenly trust the police and the state will respect their rights when facing charges.  Wrong.  The state and law enforcement are tasked with enforcing the law and prosecuting crimes.  Your rights and protections can easily get overlooked and it’s up to you, or your lawyer, to know when those lines are crossed.  An experienced controlled substance lawyer will ensure that your rights are protected throughout the legal process.</p>



<p>Experienced drug defense attorneys scrutinize the evidence, the manner in which it was obtained, and any procedural errors that may have occurred.  They know what to look for and what possible ways it can help your case.</p>



<h3 class="wp-block-heading" id="h-95-never-go-to-trial-plea-bargains-and-skilled-negotiations">95% Never Go To Trial- Plea Bargains and Skilled Negotiations</h3>



<p>Most people don’t realize that most cases never go to trial.  In Texas, almost 95% of all cases are negotiated OUTSIDE of the courtroom and long before the trial date.  Trials are expensive and put a strain on limited public resources, so most courts use plea bargains to avoid a costly trial.  Therefore, a <a href="https://www.law.cornell.edu/wex/plea_bargain" target="_blank" rel="noreferrer noopener">plea bargain</a> is likely to be presented and your lawyers negotiation skills will be a major factor in what’s offered.  An experienced lawyer will negotiate with prosecutors to potentially reduce your charges or minimize the penalties you face. Their negotiation skills and knowledge of the legal system are invaluable in achieving a more favorable outcome.</p>



<h3 class="wp-block-heading" id="h-if-it-goes-to-court-you-want-a-pitbull-on-your-side">If It Goes To Court- You Want a PITBULL On Your Side! </h3>



<p>In the rare instance your case goes to trial, having a lawyer who is experienced in a real courtroom is essential.  Be sure to ask about your lawyers REAL trial experience BEFORE you hire them.  Finding out your defense attorney has limited courtroom experience once a trial has begun can be a nightmare.  There is no substitute for REAL trial experience- and great defense attorneys shine under courtroom pressure.  This is when you want a <a href="https://www.nonstopjustice.com/lawyers/andrea-m-kolski/">PITBULL fighting on your side!</a>  They will present your case, cross-examine witnesses, and make compelling arguments on your behalf. Their courtroom experience and familiarity with local judges and prosecutors can significantly impact the trial’s outcome.</p>



<h2 class="wp-block-heading" id="h-finding-the-best-controlled-substance-lawyer">Finding the Best Controlled Substance Lawyer</h2>



<p>You might have seen an ad on the back of the bus for a&nbsp;<a href="https://www.nonstopjustice.com/practice-areas/criminal-defense/" target="_blank" rel="noreferrer noopener">criminal defense attorney</a>&nbsp;and thought that’s the attorney for you. But that’s not the best way to choose a substance possession lawyer. Here are some tips for that:</p>



<h3 class="wp-block-heading" id="h-research-and-referrals">Research and Referrals</h3>



<p>Of course, researching controlled substance lawyers online is a smart place to start.  Start by researching lawyers who specialize in controlled substance cases. You can do this by looking online, checking local bar association directories, and seeking referrals from friends, family, or other legal professionals. Look for lawyers with a strong track record in drug-related cases.</p>



<h3 class="wp-block-heading" id="h-check-credentials-and-experience">Check Credentials and Experience</h3>



<p>When you have a list of potential lawyers, check their credentials and experience. Ensure they are licensed to practice in your state and have substantial experience in handling controlled substance cases. Look for any additional certifications or memberships in professional organizations related to criminal defense or drug law.</p>



<h3 class="wp-block-heading" id="h-read-reviews-and-testimonials-but-beware-fakes">Read Reviews and Testimonials- But BEWARE Fakes</h3>



<p><a href="https://www.nonstopjustice.com/client-reviews/" target="_blank" rel="noreferrer noopener">Client reviews</a>&nbsp;and testimonials can provide valuable insights into a lawyer’s reputation and effectiveness. Look for reviews on legal websites, Google, and social media.</p>



<p>Pay attention to what previous clients say about their communication and professionalism. Make sure to check their&nbsp;<a href="https://www.nonstopjustice.com/recent-case-results/" target="_blank" rel="noreferrer noopener">success rate in similar cases</a>.</p>



<p>Fake reviews are a big problem in the legal profession and it’s easy to be fooled.  The best way to determine if a lawyer is legit is to <a href="https://www.nonstopjustice.com/client-reviews/">ask them about specific reviews you’ve read online.</a>  Honest, respectable defense attorneys can easily recall details of specific cases and the outcomes- without jeopardizing a client’s privacy.  Most experienced defense attorneys are passionate about their job and love to discuss previous battles and cases to any who will listen!</p>



<p>Don’t be fooled by slick websites, hundreds of glowing “reviews”, or a fancy office- NOTHING substitutes for experience and expertise.  A REAL defense attorney will have a few disappointed clients- and thus, some negative reviews.  This is perfectly normal and to be expected for anyone dealing with the challenges of the law.  </p>



<p>If a lawyers reviews seem a little “too good to be true”- be suspicious.  Nobody is perfect- even the best defense attorneys admit they can’t win them all.  If you ask a lot of questions about online reviews and the lawyer hesitates or can’t recall details, they may be hiding behind fake reviews.  Find another lawyer to represent you.  </p>



<h3 class="wp-block-heading" id="h-schedule-a-consultation-sooner-rather-than-later">Schedule a Consultation- Sooner Rather Than Later</h3>



<p>Once you’ve narrowed down your list, schedule a consultation with the lawyers. Most criminal defense attorneys offer free initial consultations. This meeting is an opportunity to discuss your case, ask questions, and gauge your approach and expertise.</p>



<p>Prepare a list of questions to ask during the consultation, like:</p>



<ul class="wp-block-list">
<li>Experience: How many years have you been practicing criminal defense law?</li>



<li>Success Rate: What is your success rate in defending clients with similar charges?</li>



<li>Strategy: What strategy would you recommend for my case?</li>



<li>Fees: What are your fees, and do you offer payment plans?</li>



<li>Communication: How will you keep me updated on my case?</li>



<li>Reviews:  Ask about specific reviews online and details of those cases?</li>
</ul>



<h3 class="wp-block-heading" id="h-assess-their-communication-skills">Assess Their Communication Skills</h3>



<p>Effective communication is essential in any legal case. Pay attention to how the lawyer communicates with you during the consultation. They should be able to explain complex legal concepts in a way that you can understand and should be responsive to your questions and concerns.</p>



<h3 class="wp-block-heading" id="h-evaluate-their-approach">Evaluate Their Approach</h3>



<p>Consider the lawyer’s approach to your case. Do they seem genuinely interested in your situation? Are they empathetic and understanding? A lawyer who shows a personal investment in your case is likely to be more dedicated and thorough in their defense strategy.</p>



<h3 class="wp-block-heading" id="h-discuss-fees-and-payment-plans-the-advantage-of-flat-fees">Discuss Fees and Payment Plans- The Advantage of Flat Fees</h3>



<p>Legal representation can be expensive, so it’s important to discuss fees and payment plans upfront. Some lawyers charge a flat fee, while others bill by the hour. Make sure you understand their fee structure and any additional costs that may arise during your case. Inquire about payment plans if you need financial flexibility.</p>



<p>Most respected defense lawyers will quote a “flat fee” for representing you.  They have enough experience to evaluate your case and can get a good idea of what it will cost.  A “flat fee” is one price for representing you from start to finish.  This can work in your favor because it gives the lawyer an incentive to get the best outcome in the shortest amount of time and least amount of work.  </p>



<p>Flat fee rates may seem high at first- especially if you’ve never had a run-in with the law.  But, it’s important to understand that criminal defense is a very specialized field and the consequences are very serious.  Your future and your freedom may be on the line, so you have to decide what that’s worth.  </p>



<p>Flat fee quotes also lift the stress of future bills or costs from your shoulders.  There’s nothing worse than enduring a grueling journey through the Texas criminal court system and have a giant bill handed to you at the end.  A Flat fee structure gives you peace of mind that once your case is over, it’s over. </p>



<h3 class="wp-block-heading" id="h-trust-your-instincts">Trust Your Instincts</h3>



<p>Ultimately, trust your instincts when choosing a lawyer. It would be best if you felt comfortable and confident in their ability to handle your case.</p>



<p>If something doesn’t feel right during the consultation, it’s okay to continue your search until you find the right fit. Don’t let anyone bully you into choosing a lawyer you don’t feel comfortable with.</p>



<h2 class="wp-block-heading" id="h-beat-controlled-substance-charges-by-hiring-the-best-lawyer">Beat Controlled Substance Charges by Hiring The Best Lawyer</h2>



<p>There are no guarantees in life.  The legal system is no different.  No respectable controlled substance lawyer can guarantee an outcome- that would be foolish and unethical.  But, hiring the best lawyer gives you the best chance at beating the charges and moving on with your life.  </p>



<p>Drug defense attorney Andrea M. Kolski and her team at Nonstopjustice have been fighting and winning controlled substance cases for over 20+ years.  They’ve earned the respect of their peers and the gratitude of countless clients through hard work, determination, skill, and an unmatched understanding of the law.  Andrea’s clients call her “a pitbull in the courtroom” because she fights like no one else and never, never gives up on her clients.</p>



<p>Andrea is a former prosecutor and experienced criminal attorney trial-tested for over 20+ years. There’s no better criminal defense attorney to choose for yourself or your loved one. <a href="https://www.nonstopjustice.com/contact-us/" target="_blank" rel="noreferrer noopener">Set up a free consultation</a> to discuss your situation with Andrea or a member of her team today.</p>
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                <title><![CDATA[How A Drug Possession Attorney Can Protect Your Rights]]></title>
                <link>https://www.nonstopjustice.com/blog/how-a-drug-possession-attorney-can-protect-your-rights/</link>
                <guid isPermaLink="true">https://www.nonstopjustice.com/blog/how-a-drug-possession-attorney-can-protect-your-rights/</guid>
                <dc:creator><![CDATA[The Law Firm of Andrea M. Kolski]]></dc:creator>
                <pubDate>Tue, 12 Sep 2023 10:40:25 GMT</pubDate>
                
                    <category><![CDATA[Criminal Law]]></category>
                
                    <category><![CDATA[Drug Possession]]></category>
                
                    <category><![CDATA[Know Your Rights]]></category>
                
                    <category><![CDATA[Marijuana Laws]]></category>
                
                    <category><![CDATA[Prescription Drugs]]></category>
                
                
                    <category><![CDATA[Drug Charges]]></category>
                
                    <category><![CDATA[drug lawyer]]></category>
                
                    <category><![CDATA[Drug Possession]]></category>
                
                    <category><![CDATA[drug possession charges]]></category>
                
                
                
                <description><![CDATA[<p>Like it or not, drug possession and drug related crimes are all too common in Texas and throughout the US. In the United States, more than one out of every four arrests is related to a drug offense. In fact, more than 1.1 million Americans are arrested every year for drug offenses. That means there&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Like it or not, drug possession and drug related crimes are all too common in Texas and throughout the US. In the United States, more than one out of every four arrests is related to a drug offense. In fact, <a href="//drugabusestatistics.org/drug-related-crime-statistics/"><span style="text-decoration:underline">more than 1.1 million Americans</span></a> are arrested every year for drug offenses.</p>



<p>That means there is also a huge amount of demand for the help of skilled lawyers. However, some people do not understand why it is supposed to be so vital to find a drug possession attorney after facing drug possession charges.</p>



<p>The truth is that working with the right attorney can provide a long list of benefits that can make it more than worth your while. If your legal situation seems bad now, you may find that a great attorney can help things resolve much better than you imagine.</p>



<p>Read on to learn all about the top ways a qualified drug possession attorney can help you!</p>



<h2 class="wp-block-heading" id="h-understand-your-drug-charges-prospects">Understand Your Drug Charges Prospects</h2>



<p>Most people don’t have much experience dealing with drug charges. In contrast, drug possession lawyers get to see how a wide variety of drug possession cases are resolved in the end. That gives them the perspective necessary to assess your legal situation after being charged with drug possession.</p>



<p>You might think that you already know how your case is likely to end. However, you might be surprised by how much you can learn from the expertise of an experienced drug possession lawyer.</p>



<p>On the one hand, you might discover that things are worse than you realize. Although this can be unhappy news, it is also vital to hear it in such cases. The more realistic you are about your prospects, the better you can prepare your strategy to help things go as well as possible.</p>



<p>On the other hand, you might find out that your legal situation is much better than it seems at first. Until you speak with a drug possession attorney, you really won’t know what you are dealing with.</p>



<p>When you are preparing for a drug possession trial, ignorance can be dangerous. Knowledge is power, and the insight of a skilled drug possession lawyer can go a long way toward helping you make the wisest decisions possible given your difficult circumstances.</p>



<h2 class="wp-block-heading" id="h-avoid-mistakes-after-drug-possession-charges">Avoid Mistakes After Drug Possession Charges</h2>



<p>One reason it is so important to have the experience of a lawyer on your side is so that you can avoid mistakes that can affect your life for years to come. In the middle of drug possession charges, it can be easy to say or do something that can make it much harder for you to avoid being found guilty later on.</p>



<p>The sooner you speak with a lawyer, the sooner you can learn about all of the different ways that their past clients have made things worse for themselves by accident. That understanding can help you avoid similar mistakes and start investing in the best case outcome possible in your situation.</p>



<p>One of the reasons it is so difficult to avoid mistakes after drug possession charges is that what seems fine in an everyday context is not always acceptable in a courtroom context. Sometimes, achieving an acceptable case outcome is as much about avoiding mistakes as it is about making a strong case for yourself.</p>



<h2 class="wp-block-heading" id="h-understand-how-to-behave-in-court">Understand How to Behave in Court</h2>



<p>In theory, our courtrooms should focus mostly on whether or not people are guilty or innocent. However, in practice, there is a lot that you can do in the courtroom that can make things go better or worse for you.</p>



<p>Knowing how to act in a courtroom context can have a huge effect on what kind of sentencing you receive. The more that you know how to make a positive impression on the judge, the less likely you are to regret failing to do so for months or years.</p>



<h2 class="wp-block-heading" id="h-know-how-to-challenge-a-drug-arrest">Know How to Challenge a Drug Arrest</h2>



<p>Some people feel that once they have been charged with drug possession, it is too late to change anything. However, the truth is that drug arrests are not always as airtight as they seem. In fact, police officers will sometimes exaggerate how airtight the evidence they have is in the hopes that someone will give up and stop trying to provide themselves with the best defense possible.</p>



<p>That is one of the biggest reasons it is so important to get a lawyer on your side as soon as possible after a drug arrest. Your lawyer will be able to analyze your situation and identify any weak points in the case that could be made against you. They might even be able to find violations of your rights that can invalidate some of the evidence that points toward your guilt.</p>



<p>At the end of the day, challenging a drug arrest is a complicated process that requires a lot of training and experience. Without a lawyer on your side, there is not much chance that you will be able to defend yourself effectively.</p>



<h2 class="wp-block-heading" id="h-get-drug-attorney-help-gathering-evidence">Get Drug Attorney Help Gathering Evidence</h2>



<p>If you wait too long before finding a drug attorney to help you, that might be too late to gather evidence that could be crucial to improve your case outcome.</p>



<p>Depending on your situation, it might be helpful to gather statements from witnesses. In some cases, drug attorneys even help their clients by finding <a href="https://www.americanbar.org/groups/litigation/committees/trial-practice/practice/2021/expert-witnesses-the-basics/" target="_blank" rel="noopener noreferrer"><span style="text-decoration:underline">expert witnesses</span></a> who can testify on their behalf. There might also be a fair amount of physical evidence to gather or photos and videos that would be worth collecting for your day in court.</p>



<p>However, all of this evidence preparation takes time and planning. The sooner you have an attorney who knows how to help find the most effective evidence to defend you in court, the more evidence you will be able to gather.</p>



<h2 class="wp-block-heading" id="h-receive-skilled-representation-in-court">Receive Skilled Representation in Court</h2>



<p>Of course, the way your evidence and story are presented will also make a big difference in the persuasiveness of your defense. That is why it is essential to find an experienced drug possession attorney to help you.</p>



<p>Many drug possession in cases are settled out of court. As a result, some drug possession attorneys rarely represent their clients during an actual trial. If you are not careful, you might end up hiring a lawyer to help you who has little experience providing a persuasive defense against drug charges.</p>



<p>You will also want the experience of a <a href="/client-reviews/"><span style="text-decoration:underline">successful drug possession attorney</span></a> on your side when it comes to all of the forms, rules, and procedures that must be followed in court.</p>



<p>On the other hand, you might end up deciding to negotiate a deal before going to trial as well. In such cases, attorneys who have a lot of experience negotiating similar deals can help you receive the best deal possible.</p>



<h2 class="wp-block-heading" id="h-benefit-from-connections-with-prosecutors">Benefit From Connections With Prosecutors</h2>



<p>During a trial, the lawyers on the sides of the prosecution and the defense oppose each other. However, outside of trials, these same lawyers often enjoy friendly relationships. The right drug possession attorney for you may have relationships going back years with members of the prosecution.</p>



<p>Those kinds of relationships can make a huge difference in determining what kind of deal you get in a negotiation.</p>



<h2 class="wp-block-heading" id="h-reduce-your-sentencing-as-much-as-possible">Reduce Your Sentencing as Much as Possible</h2>



<p>Depending on your situation, a skilled drug possession lawyer might be able to help you avoid a guilty sentence. If that is not possible, then you will still want the best defense possible to help you reduce your sentencing. That goes double because Texas has some of the highest <a href="//detox.net/uncover/drug-offenses-and-sentencing-by-state/"><span style="text-decoration:underline">conviction rates in the US</span></a>.</p>



<h2 class="wp-block-heading" id="h-save-money-after-a-drug-possession-arrest">Save Money After a Drug Possession Arrest</h2>



<p>Some people feel that hiring a qualified lawyer is too expensive. However, that analysis is often shortsighted. In the long run, it is almost always better to invest in the best representation you can.</p>



<p>After all, if you can’t work for years because of your case outcome, you will lose much more money to lost wages. You can also end up paying enormous fines if you don’t have a drug possession attorney to help reduce your sentencing.</p>



<p>Working with a <a href="/practice-areas/criminal-defense/drug-offenses/"><span style="text-decoration:underline">skilled drug possession lawyer</span></a> can also decrease the chance that you lose your job after facing drug charges.</p>



<h2 class="wp-block-heading" id="h-know-how-a-drug-possession-attorney-can-help">Know How a Drug Possession Attorney Can Help</h2>



<p>Not everyone is sure at first that they need the services of a skilled drug possession attorney. However, there is a much lower chance that you will be found innocent if you don’t have the help of an experienced lawyer on your side. Investing in anything that can reduce your sentencing is an investment that will pay for itself many times over.</p>



<p>To learn more about how you can find the best drug possession attorney for your legal situation, reach out and <a href="/contact-us/"><span style="text-decoration:underline">get in touch</span></a> with us here at any <strong><em>time!</em></strong></p>
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                <title><![CDATA[8 Questions to Ask When Hiring A Montgomery County Drug Lawyer]]></title>
                <link>https://www.nonstopjustice.com/blog/8-questions-to-ask-when-hiring-a-montgomery-county-drug-lawyer/</link>
                <guid isPermaLink="true">https://www.nonstopjustice.com/blog/8-questions-to-ask-when-hiring-a-montgomery-county-drug-lawyer/</guid>
                <dc:creator><![CDATA[The Law Firm of Andrea M. Kolski]]></dc:creator>
                <pubDate>Mon, 08 Nov 2021 16:02:27 GMT</pubDate>
                
                    <category><![CDATA[Criminal Law]]></category>
                
                    <category><![CDATA[Drug Possession]]></category>
                
                
                    <category><![CDATA[Drug Charges]]></category>
                
                    <category><![CDATA[drug lawyer]]></category>
                
                    <category><![CDATA[drug possession charges]]></category>
                
                
                
                <description><![CDATA[<p>On average, every 25 seconds, someone is arrested for drug possession in the US. This statistic has grown steadily, and today one-fifth of the incarcerated population is now there on drug charges. The best way to avoid becoming another sad statistic is to get the best legal help right away. When it comes to beating&hellip;</p>
]]></description>
                <content:encoded><![CDATA[<div class="wp-block-image">
<figure class="alignleft size-medium"><img loading="lazy" decoding="async" width="300" height="200" src="/static/2024/03/6c_questionmarksimage-300x200.jpg" alt="Question marks" class="wp-image-50" srcset="/static/2024/03/6c_questionmarksimage-300x200.jpg 300w, /static/2024/03/6c_questionmarksimage-768x512.jpg 768w, /static/2024/03/6c_questionmarksimage.jpg 1000w" sizes="auto, (max-width: 300px) 100vw, 300px" /></figure></div>


<p>On average, every 25 seconds, someone is arrested for <a href="https://www.americanprogress.org/issues/criminal-justice/reports/2018/06/27/452819/ending-war-drugs-numbers/" target="_blank" rel="noopener noreferrer">drug possession</a> in the US. This statistic has grown steadily, and today one-fifth of the incarcerated population is now there on drug charges. The best way to avoid becoming another sad statistic is to get the best legal help right away. When it comes to beating drug charges, what’s the best way to find the best drug lawyer for your case?</p>



<p>Using a smart vetting process for potential Montgomery county drug lawyers can help narrow down your decision. Read on as we give some essential questions to ask a drug lawyer in Montgomery County. </p>



<h2 class="wp-block-heading" id="h-1-how-long-have-you-been-practicing">1. How Long Have You Been Practicing?</h2>



<p>You can get a great criminal lawyer who does not have any experience. However, it is unlikely they will know the intricacies of criminal defense. They may also lack personal knowledge regarding how to talk to a judge and jury if the case does go to trial. </p>



<p>Ask how long the lawyer has specialized in criminal defense. If they work with many different types of law, they may lack experience in your field despite having operated for a long period of time. One or two specialist areas is the ideal number. </p>



<h2 class="wp-block-heading" id="h-2-how-do-you-charge">2. How Do You Charge?</h2>



<p>There are three ways a drug possession attorney can charge. These are an all-inclusive flat fee, by the hour, or a hybrid of both. You need to know how they charge to decide if you can afford their fees. </p>



<p>An inclusive flat rate gives you a much better understanding of the final cost. It will be one sum from beginning to closure, regardless of if the case runs on or ends quickly. </p>



<p>A flat rate can also give the lawyer incentive to get the best result for your case in the fastest amount of time. </p>



<p>With an hourly fee, the costs could spiral without you even knowing. Make sure you ask to see samples of billing to ensure it is transparent and all time is accounted for properly. Of course, you could always end up paying less in this situation. </p>



<p>A hybrid approach is a mix of both. A lawyer may charge a flat fee for the services, then charge hourly if it goes to trial. Neither of the above methods is bad or better; they just suit people differently. </p>



<h2 class="wp-block-heading" id="h-3-who-will-be-handling-my-case">3. Who Will Be Handling My Case?</h2>



<p>Generally, the larger the company, the more people will be involved in your case. There may be different attorneys, paralegals, and interns all looking at it at any one time.</p>



<p>On one hand, you have a lot of trained people working for you. On the other, communication can often get lost in these large firms. Information may get missed from person to person. </p>



<p>To avoid this, choose a smaller local drug possession lawyer in the Montgomery County area. You will build a relationship with the person building your case, increasing trust and communication. </p>



<h2 class="wp-block-heading" id="h-4-how-often-do-you-go-to-trial-and-what-is-your-trial-experience">4. How Often Do You Go to Trial and What Is Your Trial Experience?</h2>



<p>A drug possession attorney may settle the case with a plea bargain and avoid going to court. This is logical, as court cases will cost more money and time. However, this can not always be done, and in some instances, the courtroom is where the case may be headed.</p>



<p>If your case is complicated and it could have a chance of going to court, you need experience. Ask which court cases the lawyer has done in the past, how they prepared, and what they think the likelihood of going to court is. Standing in front of a judge and jury and arguing a case needs a very specific skill set. </p>



<h2 class="wp-block-heading" id="h-5-do-i-owe-any-other-fees">5. Do I Owe Any Other Fees?</h2>



<p>Once you know how the <a href="/practice-areas/criminal-defense/">criminal lawyer charges</a>, you need to check that you don’t owe other fees. Filing complaints, motions, and briefs all cost a lot, and you need to know if these are in the price given or not. If you need experts to testify on your behalf, then the fee will increase even further. </p>



<p>All of this helps you get a picture of the final cost. Don’t leave it until the last minute to ask this either. You could be wasting your time and the lawyers if the pricing is not suited to you. </p>



<p>If you can afford it in one go, speak with the criminal defense lawyer. They may offer payment plans or have ways to bring the cost down. </p>



<h2 class="wp-block-heading" id="h-6-how-is-their-standing-with-the-state-bar">6. How Is Their Standing With the State Bar?</h2>



<p>Anyone can go to the <a href="https://www.montgomerybar.org/about/mission.php" target="_blank" rel="noopener noreferrer">state bar website</a> and check on a lawyer. This will tell you any issues they may have had, such as sanctions, complaints, and rebukes. Don’t write the attorney off if they have these, but give them chance to explain their side of the story and make a decision after this. </p>



<h2 class="wp-block-heading" id="h-7-how-do-you-communicate">7. How Do You Communicate?</h2>



<p>Communication is important because some people will have very different ideas about getting in touch with their lawyers. You may be imagining a 24-hour direct telephone line to your attorney. On the other hand, they may operate by sending you an email once a week to discuss progress. </p>



<p>First, establish how you contact them. Is it best via email or phone? What is their reply turnaround time is to your queries?</p>



<p>After this, discuss how often you will be updated on the case. You could request a weekly or fortnightly update just to put your mind at rest. The last thing you want is a bill from an attorney you have never heard from. </p>



<h2 class="wp-block-heading" id="h-8-what-are-my-obligations">8. What Are My Obligations?</h2>



<p>When the criminal defense lawyer takes your case, you will need to provide them with certain information. These may be documents or accounts that can build a case. </p>



<p>It is important that you are honest with your lawyer. If you have prior convictions or have been charged for the same offense in the past, let them know. This makes it much easier for them to build a case that will get the best result for you. </p>



<h2 class="wp-block-heading" id="h-montgomery-county-drug-lawyer">Montgomery County Drug Lawyer</h2>



<p>Finding the best lawyer involves talking and vetting your potential defense. Don’t feel intimidated or threatened. It is you that will be paying the fee and serving any sentences should it not go to plan. </p>



<p>Non-Stop Justice should be your first option when looking for a criminal defense lawyer in Montgomery. Dealing with criminal and family law, we have the experience and knowledge to build your case. <a href="/contact-us/">Contact us</a> here to discuss your needs and let us get justice for you, starting today. </p>
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                <title><![CDATA[Ways A Skilled Drug Possession Lawyer Fights Drug Charges]]></title>
                <link>https://www.nonstopjustice.com/blog/drug-possession-lawyer/</link>
                <guid isPermaLink="true">https://www.nonstopjustice.com/blog/drug-possession-lawyer/</guid>
                <dc:creator><![CDATA[The Law Firm of Andrea M. Kolski]]></dc:creator>
                <pubDate>Mon, 20 Sep 2021 10:32:00 GMT</pubDate>
                
                    <category><![CDATA[Criminal Law]]></category>
                
                    <category><![CDATA[Drug Possession]]></category>
                
                
                    <category><![CDATA[Drug Charges]]></category>
                
                    <category><![CDATA[drug possession charges]]></category>
                
                    <category><![CDATA[Prescription Drug Possession Laws]]></category>
                
                
                
                <description><![CDATA[<p>In the US, someone is arrested for drug possession every 25 seconds. This incredible statistic reveals how drug laws, and drug convictions, impact the lives of millions every day. Understanding what to do when dealing with drug charges is an important step towards protecting your freedom. First, there is a difference between being charged and&hellip;</p>
]]></description>
                <content:encoded><![CDATA[<div class="wp-block-image">
<figure class="alignleft size-medium"><img loading="lazy" decoding="async" width="300" height="225" src="/static/2024/03/15_unnamed-2-300x225.jpg" alt="Drug possession" class="wp-image-71" srcset="/static/2024/03/15_unnamed-2-300x225.jpg 300w, /static/2024/03/15_unnamed-2.jpg 480w" sizes="auto, (max-width: 300px) 100vw, 300px" /></figure></div>


<p>In the US, someone is arrested for drug possession <a href="https://www.americanprogress.org/issues/criminal-justice/reports/2018/06/27/452819/ending-war-drugs-numbers/" target="_blank" rel="noopener noreferrer">every 25 seconds</a>. This incredible statistic reveals how drug laws, and drug convictions, impact the lives of millions every day. Understanding what to do when dealing with drug charges is an important step towards protecting your freedom.</p>



<p>First, there is a difference between being charged and being convicted of drug possession. A conviction is a court declaration of the person’s decided guilt. When a person is charged, they can choose to plead guilty and move to sentencing or decide to plead not guilty and fight the charge in court. A person who is found guilty of drug possession likely faces jail time and/or stiff fines or penalties. A drug possession charge is an allegation of the crime that was supposedly commited.</p>



<p>If you or someone you know has been arrested and charged with drug possession, there are plenty of ways to fight it. From challenging the evidence to asking for alternative punishments to jail and fines, the best attorneys will use the tactics we describe below.</p>



<p>Keep reading to learn more about how a drug possession lawyer will help you fight your charge – and keep you out of jail.</p>



<h2 class="wp-block-heading" id="h-what-are-the-consequences-of-a-drug-possession-charge">What Are the Consequences of a Drug Possession Charge?</h2>



<p>The penalties for drug possession in Texas range from the not-too-serious to incredibly devastating. Texas has some of the highest conviction rates in the US, so any charges should be taken seriously. The penalties one can face depend on a number of factors.</p>



<p>Factors include the type of drug in question, the amount, and other aggravating factors. Aggravating factors are details such as proximity near children or a school. Lastly, the intent to sell or use the drug will impact the penalties as well.</p>



<p>Penalties for a drug conviction include:</p>



<ul class="wp-block-list">
<li>Heavy fines</li>



<li>Community service</li>



<li>Jail time or time in a federal prison</li>



<li>Probation</li>



<li>House arrest</li>
</ul>



<p>Beyond these penalties, a conviction from drug possession will go on your permanent record. Having a criminal record for a drug conviction impacts your ability to find employment, get loans, vote, own a gun, and even find housing.</p>



<h2 class="wp-block-heading" id="h-how-a-drug-possession-lawyer-fights-for-you">How a Drug Possession Lawyer Fights For You</h2>



<p>Remember, being arrested for drug possession is not the same as a conviction. None of the above penalties apply until you’re actually convicted.</p>



<p>When facing drug possession charges, the best possible outcome is to avoid being convicted. How does one avoid conviction?</p>



<p>Like everything else in life, when you have an emergency, you want qualified expert help. If you need a life-saving medical treatment, you want a doctor who specializes in that treatment. It’s the same with the law. It’s best to find a drug possession lawyer that has experience defending drug cases and immediately get them working on your case. A good drug possession attorney can strategize the best course of action and see what must be done to give you the best possible outcome. Every case is unique, but some defenses are more common than others. Below are some common arguments <a href="/lawyers/andrea-m-kolski/">an experienced lawyer</a> could make, given the right circumstances.</p>



<h3 class="wp-block-heading" id="h-fourth-amendment-rights">Fourth Amendment Rights</h3>



<p>Every citizen is afforded certain rights under the Constitution. Your <a href="https://www.law.cornell.edu/wex/fourth_amendment" target="_blank" rel="noopener noreferrer">rights under the Fourth Amendment</a> to the US Constitution include the right to the due process of law. As part of that, you’re protected against unlawful search and seizure. Therefore, a good attorney will examine how the evidence collected against you was obtained.</p>



<p>For example, an arresting officer must have a reasonable suspicion to stop and search you. If they had no reason to suspect you were breaking the law or putting others at risk, they had no right to search you, and whatever they found during that search could possibly be thrown out of your case. </p>



<h3 class="wp-block-heading" id="h-missing-evidence"><strong>Missing Evidence</strong></h3>



<p>Time often works against defendants in drug cases. This is especially true regarding evidence. Failure to secure evidence quickly can risk things being misplaced, lost, or other critical elements of a case going unprotected. </p>



<p> An experienced drug attorney can act fast to request all of the evidence that the state may use in their case against you. This is a way of making sure that all of the evidence is secured and available for scrutiny by your defense lawyer. Evidence can get lost through multiple transfers, testing, and storing. If the evidence isn’t present, then it’s not admissible in court.</p>



<h3 class="wp-block-heading" id="h-establishing-constructive-possession">Establishing Constructive Possession</h3>



<p>Constructive possession means the prosecution proving that the drugs in your possession were actually yours. Just because something is deemed to be in your possession because of the circumstances, doesn’t mean it actually belongs to you. If you didn’t own the drugs or have knowledge of their presence, your attorney could argue you’re not responsible for the crime..</p>



<p>This might apply in a case where you were driving a friend’s car, for example. Perhaps you borrowed their car and were pulled over for speeding when the drugs were found in the glovebox.</p>



<p>This defense can sometimes be tricky to prove. An experienced <a href="/practice-areas/criminal-defense/">drug possession lawyer</a> understands how this defense must be established and presented in order to help your case. Any misstep or overlooked detail could derail this defense so working with your attorney will be critical. </p>



<h3 class="wp-block-heading" id="h-establishing-what-the-substance-was">Establishing What the Substance Was</h3>



<p>The prosecution in your case has to prove that the substance in your possession was actually a controlled substance. It is possible to challenge the lab reports that determined what the substance was.</p>



<p>By challenging lab reports, your attorney can establish reasonable doubt. That may require the laboratory to retest or to testify in court. Bringing a lab technician in to testify is an expensive process. This can also add to the time the prosecutor needs to prosecute, as well as additional expenses for the court. So, the added pressure from your attorneys challenge could open the door to negotiate reduced charges or even a full dismissal.</p>



<h3 class="wp-block-heading" id="h-diversion-programs">Diversion Programs</h3>



<p>If there’s no way to challenge the evidence under the Fourth Amendment, by calling into question the legitimacy of lab results, or through the other methods mentioned above, all is not lost. A skilled drug possession lawyer could argue that you and society would be better served by a diversion program than a drug possession conviction.</p>



<p>This is often applied to minor possession charges, and not cases where the police have been observing you for some time. With a diversion program, you may be required to pay fines and court costs, complete a drug treatment program, and submit to drug testing following the rehabilitation program. You may also be required to complete community service.</p>



<p>A big benefit of a diversion program is that, as long as you follow all of your obligations, your charges are dropped. That means there’s no conviction record and you won’t have a criminal record.</p>



<p>However, a diversion program requires sincere effort by the defendant. You must be committed to whatever requirements the court has ordered. This may include getting and staying clean. If you don’t comply, you risk receiving the maximum sentence for the charges and may even have to pay for the rehabilitation you were given.</p>



<h2 class="wp-block-heading" id="h-ready-to-beat-those-drug-possession-charges">Ready to Beat Those Drug Possession Charges?</h2>



<p>Obviously, no skilled attorney can guarantee results. Every case is unique and will require a full review before deciding on a strategy.. However, having an experienced drug possession lawyer on your side is a big step towards presenting the strongest possible case. </p>



<p>If you or someone you know received a drug possession charge, all hope is not lost. There a number of actions you can take to avoid a criminal record and potential jail time. These may include challenging the evidence gathered against you or looking for alternative sentencing involving a diversion program. But the defense will depend on the particulars of your situation. </p>



<p>When facing drug possession charges in Texas, your freedom and your future are on the line. Give yourself a fighting chance with an experienced drug possession lawyer by your side. <a href="/contact-us/">Contact us</a> today to find out how we can help.</p>
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            <item>
                <title><![CDATA[6 Common Defenses for Drug Possession Charges]]></title>
                <link>https://www.nonstopjustice.com/blog/common-drug-possession-defenses/</link>
                <guid isPermaLink="true">https://www.nonstopjustice.com/blog/common-drug-possession-defenses/</guid>
                <dc:creator><![CDATA[The Law Firm of Andrea M. Kolski]]></dc:creator>
                <pubDate>Mon, 15 Mar 2021 13:31:00 GMT</pubDate>
                
                    <category><![CDATA[Drug Possession]]></category>
                
                
                    <category><![CDATA[drug possession charges]]></category>
                
                
                
                <description><![CDATA[<p>Have you been charged with drug possession? If so, you may not know where to turn. Drug-related criminal charges in Texas can be very serious. You could even face felony charges depending on the circumstances of the situation. You need an experienced Texas criminal defense attorney on your side who will fight for your rights.&hellip;</p>
]]></description>
                <content:encoded><![CDATA[<div class="wp-block-image">
<figure class="alignleft size-medium"><img loading="lazy" decoding="async" width="300" height="200" src="/static/2024/03/67_iStock-1010820304-300x200.jpg" alt="Juice of marijuana possession" class="wp-image-96" srcset="/static/2024/03/67_iStock-1010820304-300x200.jpg 300w, /static/2024/03/67_iStock-1010820304-1024x683.jpg 1024w, /static/2024/03/67_iStock-1010820304-768x512.jpg 768w, /static/2024/03/67_iStock-1010820304.jpg 1254w" sizes="auto, (max-width: 300px) 100vw, 300px" /></figure></div>


<p>Have you been charged with drug possession? If so, you may not know where to turn. Drug-related criminal charges in Texas can be very serious. You could even face felony charges depending on the circumstances of the situation. You need an experienced Texas <a href="/practice-areas/criminal-defense/"><span style="text-decoration:underline">criminal defense attorney</span></a> on your side who will fight for your rights. </p>



<h2 class="wp-block-heading" id="h-what-defense-tactics-can-a-lawyer-use-on-your-behalf">What Defense Tactics Can a Lawyer Use on Your Behalf?</h2>



<p>If you’re facing <a href="/practice-areas/criminal-defense/drug-offenses/">criminal drug charges</a> you may be scared and the situation could seem hopeless. But a lawyer can help defend you using a variety of different tactics. Here are some of the ways your lawyer may be able to plead your case. </p>



<h3 class="wp-block-heading" id="h-1-the-4th-amendment">1. The 4th Amendment</h3>



<p>Unlawful Search and Seizure. The 4th amendment to the constitution states the law enforcement cannot illegally search your property, including your home and your vehicle. For example, if drugs are found in plain sight in your car or apartment, law enforcement can seize them as evidence. But they cannot break into the trunk of your car to find drugs. If the 4th amendment is violated, your case may be dropped. </p>



<h3 class="wp-block-heading" id="h-2-entrapment">2. Entrapment</h3>



<p>Another of your amendment rights is the 14th amendment, under which the due process clause is included, prohibits entrapment. Entrapment refers to law enforcement planting drugs or providing the drugs in question in order to wrongfully incriminate the defendant. If the validity of such a claim is questioned, the officer’s complaint file can be submitted into evidence. </p>



<h3 class="wp-block-heading" id="h-3-deny-possession">3. Deny Possession</h3>



<p>Your lawyer can claim that the drugs did not belong to you or that you didn’t know they were in your apartment or vehicle. The drugs could have belonged to another passenger in your car or a guest in your home. </p>



<h3 class="wp-block-heading" id="h-4-chemical-analysis">4. Chemical Analysis</h3>



<p>The drugs in question must be tested to ensure they are in fact the illegal substance that the criminal charges claim. Sometimes a substance may look like a certain drug, but it may not actually be anything illegal. If there is no crime lab report identifying the drug, there may be no case. </p>



<h3 class="wp-block-heading" id="h-5-drug-evidence-goes-missing">5. Drug Evidence Goes Missing</h3>



<p>Sometimes the drug evidence that is seized during the arrest will be lost before the trial. These items often exchange hands a few times before they are officially submitted to a drug locker for safekeeping until the evidence is required. </p>



<h3 class="wp-block-heading" id="h-6-medical-marijuana">6. Medical Marijuana</h3>



<p>In marijuana charges, there is sometimes a medical need that can be used as a defense. If your lawyer can prove that you have a doctor’s prescription for medicinal marijuana, you may have a reasonable defense. </p>



<p>None of these defenses are guaranteed to get your case dismissed or even to lead to a not guilty verdict if your case goes to court. But these are just some of the possible defenses your lawyer may attempt to use on your behalf. The bottom line is that you have a better chance of a favorable outcome if you hire your own lawyer, rather than accepting a court-appointed public defender. </p>



<h2 class="wp-block-heading" id="h-have-you-been-arrested-for-drug-possession-call-non-stop-justice">Have You Been Arrested For Drug Possession? Call Non Stop Justice </h2>



<p>Drug possession charges can be serious and result in severe consequences. A drug charge of any kind on your record can affect your life in many ways from stunting your career to preventing you from being able to rent a home or apartment. Non Stop Justice, <a href="/blog">the Law Firm of Andrea M. Kolski</a>, will work hard to defend your rights both in and out of the courtroom. We understand that your future is at stake and you need the best possible defense. </p>



<p>Call (832) 381-3430 to speak to an attorney today or <a href="/contact-us/"><span style="text-decoration:underline">contact us</span></a> and we will be in touch as soon as possible. Andrea Kolski handles every case personally, which means you get the benefit of first-hand expertise. </p>
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