Talking About the State Jail Felony & Drug Possession Cases
Texas has strict illegal controlled substance and narcotics drug possession laws. Keep in mind; even just for conviction of possession of any unlawful drug, you may face probation, jail time, fines, and even a 6 month loss of your driver’s license. If you are charged under the drug possession law, it means the state has accused you of having access to a controlled substance.
Although most of the violations are typically listed under the Texas Penal Code, however it is the Texas Controlled Substances Act, Health and Safety Code, which provide for the finer points of law that is to be applied in specific drug possession cases.
Drug possession is considered as a serious felony in Texas. Based on the amount of the illegal substance, the penalties may range from probation to lengthy time prison sentences. If you have been accused or charged with a drug crime in Dallas, whether drug possession, importation, distribution, drug trafficking or cultivation, you need a foolproof defense to protect your life, career and rights. Do not plead guilty to drug crimes. It makes sense to speak with a qualified and experienced attorney to explore alternatives to pleading guilty.
What is a State Jail felony?
State Jail felonies are the lowest degree of felony in Texas. Although it is the lowest degree of felony still it can leave you as a convicted felon. The range of punishment is between 6 months and 2 years in a State Jail unit.
It also makes sense to mention here, the State jail system in Texas was originally designed to make the drug addicts stay there until they were cured, so there’s NO PAROLE from State Jail.
How does the State Jail felony drug possession case may start?
According to the Texas law, the police may charge you with drug possession if they find any kind of drug in your pocket or in fact anywhere in your body.
Police in Texas can also charge you under the claim of “constructive possession.” This means the illegal substances were in a place, which is either controlled by you or can be easily reached by you. First you get arrested and make bail and then you may have to wait for the lab results from DPS lab.
Remember; drug possession charges can have serious implications. You might have to go to jail and pay hefty fines. In fact police may seize your car or other property. Also; drug possession charges may follow you with a criminal record.
In some instances state jail felony cases can be reduced to a misdemeanor. If the defense lawyer can mitigate evidences and if the prosecutor agrees to it, state jail felony may be reduced to a misdemeanor.
Keep in mind the judge may not sentence you to probation if in case you have been convicted of a previous felony, or if in case you have violated an earlier probation sentence. In those cases, it is up to the judge to decide whether you go to jail or get probation.
Legally speaking; drug possession cases get complicated very quickly. Get in touch with experienced defense lawyer for a consultation on your Texas drug possession charge.
Only a skilled attorney will be able to walk your through the facts of your case and can provide you with the best defense options.