Texas already has some of the highest rates of incarceration and convictions in the US and these new laws will surely grow the numbers of arrests and expand the Texas prison population. Meanwhile, the funding for police and other law enforcement agencies grows exponentially. The escalation of the “drug war” continues to exact a high cost for taxpayers and communities throughout Texas.

Many of these laws went into effect on September 1, 2023 and will have far reaching impact on anyone facing charges related to these crimes. Here’s a brief overview of the new Texas criminal laws.

Fentanyl

In 2023, Texas enacting some of the harshest penalties in the nation in an effort to combat fentanyl distribution, manufacturing, and possession.

• HB 6 increases the penalties for those who manufacture or sell fentanyl to a person resulting in their death. The bill classifies fentanyl overdoses as “poisonings,” allowing murder charges for those accused of providing the fatal dose. Read more here. The bill was signed by Abbott and takes effect on Sept. 1, 2023.
• HB 3144 designates October as Fentanyl Poisoning Awareness Month in an effort to increase awareness of the dangers of fentanyl and potential overdoses. The bill was signed by Abbott and takes effect on Sept. 1, 2023.

Aggravated Assault Penalties Elevated

• HB 28 raises the criminal penalty for aggravated assaults from a second-degree felony to a first-degree felony if the assailant uses a deadly weapon during an assault that causes a traumatic brain or spinal injury that results in a vegetative state or paralysis. The change in law applies only to an offense committed on or after Sept. 1. The bill was signed by Abbott and takes effect on Sept. 1, 2023.

Intoxication Manslaughter

• HB 393 orders a defendant convicted of intoxication manslaughter to pay restitution to a child whose parent or guardian was killed in the crash. They will have to pay monthly support until the child reaches 18 years old or until they have graduated from high school, whichever is later. The bill was signed by Abbott and takes effect on Sept. 1, 2023.

Boating While Intoxicated

• HB 1163 creates a separate criminal offense for boating while intoxicated with a child passenger. In this bill’s context, a child passenger is someone who is younger than 15. Several amendments that come with the bill can be viewed in the bill’s analysis. The bill was signed by Abbott and takes effect on Sept. 1, 2023.

Street Racing

• HB 1442 builds off the foundation laid by SB 1495 from the last session and gives law enforcement officials and prosecutors additional means to combat street racing and street takeovers in Texas. The bill was signed by Abbott and takes effect on Sept. 1. 2023.

Tampering With Monitoring Device

• SB 1004 makes tampering with an electronic monitoring device a criminal offense. The bill’s text clarifies that an offense of this nature would be a third-degree felony. The law does not apply to a monitoring device that is removed by a health care provider. The bill was signed by Abbott and takes effect on Sept. 1, 2023.

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 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.

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.

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

What Are the Consequences of a Drug Possession Charge?

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.

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.

Penalties for a drug conviction include:

• Heavy fines
• Community service
• Jail time or time in a federal prison
• Probation
• House arrest

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.

How a Drug Possession Lawyer Fights For You

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

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

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 an experienced lawyer could make, given the right circumstances.

Fourth Amendment Rights

Every citizen is afforded certain rights under the Constitution. Your rights under the Fourth Amendment 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.

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.

Missing Evidence

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.

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.

Establishing Constructive Possession

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..

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.

This defense can sometimes be tricky to prove. An experienced drug possession lawyer 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.

Establishing What the Substance Was

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.

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.

Diversion Programs

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.

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.

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.

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.

Ready to Beat Those Drug Possession Charges?

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.

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.

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. Contact us today to find out how we can help.

If You Have a Prescription in Texas

The government is not so stringent that they do not understand that people need to take medication on occasion. However, when traveling with your prescription you must be sure that you have proof of its medicinal needs. Keep all of the pills in the bottle supplied by the pharmacist when having the prescription filled. This will show your name and other information that will help to verify that you are legally allowed to have and consume the said drug at the proper dosage. Do not give or sell your prescription to anyone. And remember to take the proper dosage, when needed as advised by your physician. If you are ever accused of illegal prescription drug possession, contact an attorney immediately for guidance on your defense.

Texas Separates Drug Charges Into 5 Penalty Groups

Charges for drug possession in Texas range from Class A or B misdemeanor to a full-on felony. Drug possession charges are basically categorized in Texas based on the level of medicinal value and addictive properties. The stronger the drug, the tougher the possible sentence.

Penalty Group 1

This is the most serious infraction. It includes things such as cocaine, heroin and various hallucinogens. Even when prescribed, painkilling opioids such as oxycontin or hydrocodone can have you facing up to a lifetime in jail.

Penalty Group 2

Many prescribed drugs are included in this list, such as amphetamines and Xanax. This charge also includes LSD, Ecstasy (MDMA) and other mind-altering substances.

Penalty Group 3 and 4

Both of these charges can be made for possession of prescription drugs not as strong as the ones in Group 1. Both of these cover drugs that have the potential for abuse with a stimulant or depressive effect. Examples would be valium, anabolic steroids, and methylphenidate (also known as Ritalin.)

Marijuana Penalty

Although legal and often prescribed in some states, marijuana (or cannabis) has its own penalty group in Texas. Be it grown naturally or synthetic, possession of even less than 2 grams for recreation or medicinal purposes may lead to incarceration.

In Texas, being charged for any one of these penalty groups is a serious offense. You can be arrested for a one or more crime such as possession, conspiracy, or even trafficking. Just one pill or other infringement of the rock-solid laws can have you facing a minimum of 180 days in jail or up to life imprisonment. You can also be fined upwards of hundreds of thousands of dollars.

Charged With Drug Possession?

You could be facing an amount of life-destroying penalties such as:

• Suspension of drivers license
• Years of probation, including house arrest
• Fines anywhere from $1000 to $10,000 for the first offense
• Mandatory addiction treatment
• Imprisonment anywhere from a few months to a lifetime

Factors That Will Affect Your Drug Charge

When charged with drug possession, many things go into consideration for the severity of the charges. These include (but are not limited to):

• Quantity of the illicit substance
• Ways you store or conceal your prescription
• Paraphernalia (such as scales)
• Past offenses or convictions
• Holding large amounts of cash

Need Expert Help? Contact Us Today

At the Law Firm of Andrea M. Kolski, we have been working for 17+ years to help those wrongly accused of prescription drug possession charges. If you are in The Woodlands or other surrounding Houston areas and facing a drug charge, it is imperative that you seek legal representation so that your defense may be told properly and with strength. Call us today at (832) 381-3430 for a review of your case.