Drug offenses under the Texas Penal Code or the Health and Safety Code have have taken on significant importance in our area in the recent past. The tactics one must use to defend the innocent person charged with a drug offense continually change. Initially one has to determine with what the defendant is charged through the prism of legal definitions.

The criminal defendant should know that possession is defined in two separate places in the criminal laws of Texas.

Possession is defined as "actual care, custody, management or control." Additionally, possession under the law must be a voluntary act. Under the law possession is voluntary when the defendant "is aware of the thing possessed for a sufficient amount of time in order to terminate its possession." With regard to Marijuana, possession must consist of a "usable quantity" — resin in a pipe would not be enough (but may be possession of drug paraphernalia). Possession of controlled substances other then marijuana (e.g. cocaine, meth, extascy, lsd) is based on weight of the alleged substance or number of "abuse units". The controlled substance weight includes any dilutants and adulterants.

The State can’t always prove the voluntariness (or lack thereof) of a possession offense or the affirmative link between the illegal substance and the defendant. Under Texas law mere presence is not enough.

Why You Need an Attorney:

Possession charges must be dealt with aggressively because a conviction could mean a driver’s license suspension and/or could have a disastrous effect on future educational and employment opportunities.

Such a conviction could bar one from holding certain jobs (teacher, peace officer). Additionally, non-US Citizens (including permanent residents) are subject to deportation or removal proceedings even if the non-citizen receives a deferred adjudication in a felony drug case.

There is a multitude of evidence which must be explored in each drug case – including, but not limited to the independent evaluation of lab reports, the quantity of any alleged controlled substance, a plethora of search and seizure issues, existence of 911 tapes, witness statements, defenses that may be available , and the admissibility of hearsay statements made at the scene by either the defendant or a confidential informant (a/k/a "snitch"). Evidence can be destroyed or lost over time if not properly requested.

Whether you select us to represent you or some other law firm, make sure you have an attorney represent you.

Punishment Maximums set by the Legislature
(if the State has enough evidence to convict) are as follows: