Being convicted of possession of a controlled substance can result in drastic consequences on a person’s life. A defendant may face significant time in prison or jail, and he may also be forced to pay large fines. In some cases, he can even be excluded from entering certain professions or lose a part of his freedom by surrendering his right to drive legally. A defendant may also face larger penalties if the prosecution tacks on an additional charge to the existing ones, such as possession with intent to sell. It is vitally important for a defendant to contact a knowledgeable criminal defense attorney like Rand Mintzer when he or she is accused of a serious drug charge.
The definition for the crime of possession of a controlled substance is included in the Texas Health and Safety Code in sections 481.115 through 481.118. According to these sections, a defendant must intentionally or knowingly possess a controlled substance for which he does not have a prescription in order to be convicted of this crime. Specific drugs are listed in Penalty Groups I through IV.
The potential punishment for the possession of a controlled substance depends on the type of drug that the defendant is accused of possessing and the amount of the drug that he allegedly kept. If a prosecutor includes additional charges, the penalties can be even higher. Some of the possible penalties for each type of drug are listed below:
Penalty Group I (methamphetamine, oxycodone and cocaine):
Penalty Group II (Ecstasy, phencyclidine, hallucinogens):
Penalty Group III (Xanax, Valium and drugs with trace amounts of narcotic ingredients):
Penalty Group IV (combination analgesics that contain acetaminophen with codeine):
Rand Mitzer is an experienced criminal defense attorney who aggressively defends his clients against serious drug-related charges. If you would like to get help for your drug possession allegations, call Rand Mintzer, Attorney at Law at 713-862-8880. Mr. Mintzer will do whatever it takes to secure justice for you.