San Marcos and Hays County Drug Criminal Lawyer

THINGS YOU SHOULD KNOW ABOUT DRUG CASES

  1. Possession of Marijuana is still a serious offense with potentially life-changing consequences. Even though marijuana is being decriminalized in some states, it is still very much illegal in Texas. Possession of marijuana in an amount of less than two ounces still carries a fine of up to $2000.00 and a jail sentence of up of 180 days -- and people still routinely serve jail sentences for marijuana all over the State of Texas. Even if you are not convicted of a Possession of Marijuana charge, an arrest for POM showing up on your record can be used to deny you certain types of employment.
  2. Ranges of Punishment for Common Drug Offenses:

    Possession of Marijuana (under 2 ounces)
    Fine: up to $2,000
    Jail: up to 180 days
    Probation: up to 2 years

    Possession of Marijuana (under 2 ounces -- drug free zone)
    Fine: up to $4,000
    Jail: up to 1 year
    Probation: up to 2 years

    Possession of Controlled Substance (Less than one gram)
    (cocaine/meth/heroin)
    Fine: up to $10,000
    State Jail: 180 days to 2 years
    Probation: 2 to 5 years

    Driver's license suspensions are possible in all Texas drug cases, even if the person committing the offense was not driving at the time.

  3. Prescription drugs are prescribed to individuals, not to families. If you get caught with your spouse's xanax or hydrocodone, you may be taking a trip to jail.

  4. It doesn't take much marijuana for it to be considered a "usable" amount.

    For all practical purposes, under Texas law, if you can see it, it's "usable".

  5. You can be in "possession" of a drug even it's not on your person. "Possession" means that a person knowingly exercised care, management or control over the drugs. You might be considered in possession of drugs located in your checked luggage at the airport, for instance, even if they are found in the terminal while you are sitting on the plane. There is no easy rule for deciding whether or not possession exists. Possession is decided based on the facts of each case.

  6. Being in the presence of drugs is not the same as being in possession of drugs. The government must prove knowing care, management or control. Hanging out a party, for example, where others are partaking of illegal drugs does not make you guilty of possession (unless, of course, it's your house).

  7. There is such a thing as joint possession. And, no, that's not a pun. If it can be shown that more than one person exercised care, management or control over the same drugs, then multiple people can be convicted of possessing the drugs.

  8. Evidence in a drug case is not admissible in court if it is the result of an illegal search or seizure by the police. One of the first questions to ask in almost any drug case is whether or not the drugs were seized as a direct result of an illegal search or an illegal detention of a person.

  9. Even if you give consent to the police to conduct a search, the evidence might still be inadmissible if the consent was obtained illegally. If a person's consent to search is obtained as a result of an illegal detention, then the police can't use the consent to justify the search.

  10. You could lose your federal student aid as a result of a drug case. If you are convicted of a drug offense while receiving federal student financial aid, you might not only lose eligibility for future financial aid, you might be forced to repay the financial aid that you already received.