5 Ways to Get Your Possession Charge Dismissed in Texas

• What are drug possession charges?
• What are the different types of drug possession?
• What are some ways to get drug possession charges dismissed?
• 1. Challenge the stop.
• 2. Challenge the search.
• 3. Prove that the drugs belong to someone else.
• 4. Show that you had no intention of using the drugs.
• 5. Get into a drug diversion program.
• What are the consequences of a drug possession charge in Texas?
• What should you do if you've been charged with drug possession?
• Conclusion

A drug possession charge is a criminal charge for having an illegal substance or controlled substance in your possession. Controlled substances are drugs that are regulated by the government, and they're generally illegal to possess without a valid prescription.

The penalties for drug possession vary depending on the type of drug, the amount of the drug, and whether you have any prior convictions. Also the state in which the crime was committed matters.

In Texas, drug possession is a felony if the controlled substance belongs to the penalty I or II group, such as heroin, cocaine, or methamphetamine. The penalties for felony drug possession can include up to two years in prison and a $10,000 fine.

There are two types of drug possession in Texas: simple possession and possession with intent to distribute.

1. Simple possession is when you're caught with a small amount of an illegal substance, and it's clear that you don't intend to sell it. For example, if you're caught with a joint at a music festival, that would likely be considered simple possession.
2. Possession with intent to distribute is when you're caught with a larger amount of an illegal substance, and there's evidence that you intended to sell it. For example, if you're caught with a large bag of marijuana, that would likely be considered possession with intent to distribute.

The penalties for possession with intent to distribute are more severe than the penalties for simple possession. Possession with intent to distribute is a felony in Texas, and the penalties can include up to 20 years in prison and a $10,000 fine.

If you are facing drug possession charges, there are several ways to get drug possession charges dismissed in Texas. You can't just ask the court to dismiss your charges; you need to have a valid legal reason. Here are five of the most effective methods:

If the police pulled you over without probable cause, then anything they found as a result of the stop is inadmissible in court. This includes any drugs that were found on your person or in your vehicle. To challenge the stop, you will need to prove that the police did not have a legitimate reason for pulling you over.

Actual or constructive possession is a required element of the offense that the state must prove. The state can do this through circumstantial evidence, but if there's no physical evidence linking you to the drugs, it may be difficult for them to prove that you were in possession of the drugs.

Even if the stop was legal, that doesn't mean that the subsequent search was. The police can only search you or your vehicle if they have probable cause to believe that you have drugs on your person or in your vehicle. If they didn't have probable cause, then anything they found is inadmissible as evidence.

A drug possession conviction requires proof that you knew the drugs were illegal. If the drugs were found in your home, for example, it may be difficult for the prosecution to prove that you knew they were illegal.

If the drugs don't belong to you, then you can't be charged with possession. The burden of proof is on the prosecution to prove that the drugs belonged to you, so if there's any doubt, then the charges should be dismissed.

Possession is only a crime if you intended to use the drugs for personal use or sell them to others. If you can show that you had no intention of using the drugs and were merely holding them for someone else, then the charges should be dropped.

Drug crimes are often based on circumstantial evidence, so it's important to have a good criminal defense lawyer who knows how to attack the prosecution's case.

Some states have drug diversion programs that allow first-time offenders to avoid criminal charges by completing a rehabilitation program. Texas has a few of these programs, so if you qualify, it's worth looking into this option as well.

A prison sentence is not the only possible outcome of a drug possession charge. You should talk to a criminal defense lawyer to see what options are available in your case.

A drug possession charge in Texas can have serious consequences, including up to 20 years in prison and a $10,000 fine.

As we mentioned in our previous blog: Is Drug Possession a Felony in Texas?, in the state of Texas, drug possession is considered a felony. Depending on the type and amount of drug possessed, possession may be charged as a misdemeanor or even a third degree felony.

It depends on the penalty groups the drug falls under. The first two groups apply the majority of drugs, with group one being the most serious. The penalties become more severe as the amount of drug in your possession increases.

The possession of a controlled substance can lead to felony charges. The punishment for a felony drug possession conviction can range from 180 days in jail to 20 years in prison, and can come with a fine of up to $10,000.

Prior or related crimes can also affect the severity of your punishment. If you have any prior drug charges or convictions, whether they are misdemeanors or felonies, the penalties for a new drug possession charge will be more severe.

A drug possession charge is a serious matter, and you should always consult with a criminal defense lawyer to see what options are available in your case.

If you've been charged with drug possession, the first thing you should do is consult with a criminal defense lawyer. A lawyer can review your case and help you develop the best defense strategy.

• Also you must avoid talking to the police about your case. Anything you say can and will be used against you in court.
• You shouldn't try to run away from the charges because it will only make things worse. You need to face the charges and deal with them in the best way possible.
• Keep calm and do not resist arrest. If you resist, you may be charged with additional crimes.
• Do not explain what happened to the police or anyone else. Only your lawyer should be discussing your case with the authorities.
• Be polite and respectful to the officers, but do not answer any questions about the incident

Don't try to go it alone. The criminal justice system is complex, and a drug possession charge can have serious consequences. A lawyer can help you navigate the system and fight for the best possible outcome in your case.

As you can see, there are several ways to get drug possession charges dismissed in Texas. Which method will work best for you will depend on the specifics of your case, so it's important to consult with an experienced criminal defense attorney who can evaluate your case and give you specific advice on how to proceed.

At the Law Office of Rolando Cantu, we have over 15 years of experience defending clients against drug possession charges in Texas. We know the ins and outs of the criminal justice system, and we will fight tirelessly to get your charges dismissed.

If you've been charged with drug possession, contact us today for a free consultation. We'll review your case and help you develop the best defense strategy.