A person who has been arrested and charged with a drug-related crime needs an experienced criminal lawyer in Waxahachie, TX to provide aggressive representation. State law views possession of certain drugs without a prescription as a criminal offense. Other drugs are illegal for everyone and not available by prescription, and having these substances in possession is also a crime.
Relevant Factors
Texas has harsh minimum penalties for various types of drug-related offenses. Judges can also levy more severe penalties than the minimum if they believe this is reasonable. Penalties depend on factors such as the type of drug and the amount in possession. Carrying a small amount of marijuana is considered a less serious offense than carrying a small amount of cocaine.
Marijuana Possession
Although marijuana has been legalized for recreational use in several states, it is still illegal in Texas. Possession of fewer than two ounces of the drug is only a misdemeanor, yet a judge can sentence a defendant to 180 days in jail if convicted. Two years of probation could be assigned as well, which typically requires random drug testing.
With any drug, if it appears that the person intended to sell it, this is a significantly more serious offense. This possibility is partially based on the amount in a person’s possession, as it is unlikely one person would have so much just for his or her use.
For instance, anyone caught holding two to four ounces of marijuana in Texas can be sentenced to up to 10 years in jail, even though this is still a misdemeanor. Possessing more than four ounces is a felony. It’s imperative for the defendant to be represented by an attorney with a firm such as Mallios & Associates PC.
Example of a Strategy
A Criminal Lawyer in Waxahachie TX may claim that the defendant did not know the drug was in their possession. For example, this can create reasonable doubt if the substance was in the vehicle but may have belonged to someone else. It helps if witnesses report other people were riding in the car that same day. Information on one particular law firm can be seen at mallioslaw.com.
