Persons who use or sell drugs could find themselves in legal troubles in Texas. The Lone Star State’s laws could deliver long prison sentences to persons convicted of serious trafficking offenses. Even persons arrested for possessing small amounts might end up facing jail time. Not all drug offenses are identical, and each case is different.
Elements of a drug crime
A person who possesses a controlled substance may or may not face charges depending on the circumstances. Oxycontin and testosterone are both controlled substances. However, doctors may legally prescribe these drugs. A person with a legal prescription might lawfully possess and use them. Someone without a prescription could face charges.
Some drugs are illegal under all circumstances, such as methamphetamines and heroin. Possession of such drugs might lead to an immediate arrest. The specific charges might dictate the potential penalty’s severity. A person caught with a small amount of cocaine faces a possession charge. Someone with several kilos could face possession with intent to distribute.
Charges could be misdemeanors, which might be the case with minor possession arrests. Someone involved in a drug trafficking scheme may face multiple penalty charges. With some marijuana possession charges, someone convicted may face little more than probation and the mandated enrollment in a drug treatment program. Still, marijuana possession could lead to jail time, depending on the case.
Defenses against drug crimes in Texas
Although someone might end up arrested, the arrest doesn’t equate with a conviction and penalty. What if the police arrested the wrong person? Mistaken identity seems like sufficient grounds for the dismissal of charges.
The police cannot coerce people to confess to a crime they did not commit, and warrants may be required for certain searches. And was there probable cause to make an arrest? An attorney could raise issues surrounding the arrest.
