Fentanyl Possession Defense 

Fentanyl has become a major focus of lawmakers who pass tougher laws to combat the growing public health crisis.  Unfortunately, these laws punish rather than treat those caught using or possessing the drug.  As officials work to combat the alarming rise in fentanyl-related overdoses and deaths, laws governing fentanyl possession have become increasingly stringent. In Montgomery County, Texas, facing charges for fentanyl possession can lead to serious repercussions. Having a robust legal defense is imperative to protect your rights and future. 

With over 25 years of experience in defending clients against drug-related charges, attorney Andrea Kolski brings extensive knowledge and a tactical approach to fentanyl possession cases. Her commitment to fighting for her clients ensures that every case is approached with the necessary diligence and strategic foresight. 

An Overview of Fentanyl Possession Laws in Texas 

In Texas, fentanyl is categorized as a controlled substance under the Texas Health and Safety Code. More specifically, it falls within the Schedule II classification of drugs, which means it has a high potential for abuse and dependence. The legal definitions and consequences for possessing fentanyl can be complex, and it is crucial to comprehend the implications fully. 

Relevant Statutes 

According to Texas Health and Safety Code § 481.002, possession of a controlled substance, including fentanyl, is addressed under the state law. The key points include: 

• Possession Penalties: The severity of the charges can vary depending on the amount of fentanyl in possession. 
• Classification of Offenses:  
  • Possession of less than one gram may be classified as a state jail felony. 
  • Possession of one gram to four grams elevates the charge to a third-degree felony. 
• Higher amounts can result in more severe felony charges, possibly second-degree felonies or first-degree felonies for larger quantities. 

Understanding these statutes is imperative as they form the basis for potential legal repercussions. 

Punishments for Fentanyl Possession 

The penalties for fentanyl possession in Montgomery County can have life-altering consequences. Depending on the classification of the offense, an individual might face: 

• State Jail Felony: Imprisonment ranging from 180 days to two years, possibly accompanied by a fine. 
• Third-Degree Felony: Punishable by 2 to 10 years in prison and fines up to $10,000. 
• Second-Degree Felony: Imprisonment ranging from 2 to 20 years and fines up to $10,000 or more. 
• First-Degree Felony: The most severe classification, potentially resulting in a life sentence and fines exceeding $10,000. 

Beyond incarceration, a conviction can lead to the loss of certain civil rights and significant collateral consequences. The stigma associated with a drug conviction can affect one’s personal relationships, career opportunities, and overall quality of life. 

Impact of a Conviction 

A conviction for fentanyl possession can have far-reaching effects. Individuals may face not only jail time but also challenges such as: 

• Damage to Family Life: Time spent incarcerated can upend family dynamics, leading to strained relationships with loved ones. 
• Career Consequences: A felony charge can severely limit job prospects, as many employers conduct background checks. 
• Financial Hardship: Legal fees, court costs, and potential lost income can lead to substantial financial pressures. 
• Future Opportunities: A conviction can impede access to various opportunities, including licenses required for specific professions, housing, and educational programs. 

It is essential to recognize the long-term implications of a fentanyl possession conviction, making a vigorous legal defense all the more critical. 

The Importance of Experienced Legal Representation 

Hiring a seasoned fentanyl possession defense attorney can significantly impact the outcome of your case. An attorney with experience in drug-related offenses brings invaluable insight and knowledge into the intricacies of the law and the local judicial system. A strong defense can dismantle the prosecution’s case, negotiate plea deals, or aim for a dismissal of charges altogether. 

An experienced attorney will work diligently to protect your rights, ensuring that you have the best chance of a favorable outcome. They will provide a comprehensive assessment of your case, identify available defenses, and develop a tailored strategy to minimize the potential consequences you face. 

Why Clients and Families Trust Andrea Kolski 

“The most committed, wins.”  That’s a familiar phrase among defense attorneys and Andrea lives by that mantra.  When facing fentanyl possession charges in Montgomery County, choosing the right attorney is a critical first step. In  her 25 years of practice, Andrea Kolski has earned a reputation among Montgomery County’s best fentanyl possession attorneys with countless victories on behalf of clients and their families.    

Extensive Experience in Criminal Law 

With over 25 years of criminal law practice, Andrea Kolski has a deep understanding of the complexities involved in drug-related offenses. Her extensive experience allows her to approach each case with a unique perspective that is informed by years of practice. 

Background as a Prosecutor 

As a former Harris County prosecutor, Andrea possesses insight into the methodologies and tactics used by the prosecution. This unique perspective equips her to anticipate the moves of opposing counsel and develop effective counter-strategies for her clients. 

Reputation in the Courtroom 

Clients and peers alike refer to Andrea as a “pit bull in the courtroom.” This reputation is not merely a reflection of her tenacity but also her ability to advocate passionately and effectively for her clients, ensuring they receive the representation they deserve. 

Proven Track Record of Success 

Andrea Kolski’s track record reveals her dedication to achieving favorable results for her clients. Her meticulous attention to detail and commitment to each case allow her to secure successful outcomes, which include dismissed charges, reduced sentences, and favorable plea agreements. 

Strong Connections in the Montgomery County Legal Community 

Having established close ties with the Montgomery County legal community enables Andrea to navigate the local legal landscape effectively. Her familiarity with the judges and prosecutors allows for strategic maneuvering and negotiation, enhancing her clients’ chances of success. 

Take the Next Step to Protect Your Rights 

Fentanyl possession is a serious matter that requires robust legal defense. The potential consequences extend beyond jail time, impacting almost every facet of life, including family, career, and finances. By hiring an experienced attorney like Andrea Kolski, individuals facing these charges are making a wise investment in their future. 

Andrea’s experience, track record, and capabilities have earned her the respect of her peers as a former President of the Montgomery County Criminal Defense Lawyers Association and recognized by multiple awards. Andrea is uniquely qualified to advocate for your rights and freedoms. Don’t leave your future to chance—contact our office today for a consultation and take the first step toward protecting your rights and navigating the legal challenges ahead.