The Repercussions of Drug Possession
It’s commonly known that possession of an illegal substance can land someone in a lot of trouble no matter where they are across the county. However, in Texas, drug possession charges are considered some of the strictest in the US.
Here in Texas, you can get caught with the smallest amount of drugs and still get a fine, jail time, and sometimes lose your license. With a qualified and diligent drug defense attorney like Phillip A. Linder, he can help you get through your trial with minimum consequences.
Types of Possession: Physical vs Constructive
When it comes to possession of drugs, there are two different types that will hold different results that affect your punishment. Possess means to own or to exercise control over something, and when it comes to “possession,” there are two kinds of actions a person can hold ownership over.
These two types of possession are physical and constructive. Learn about these different drug possessions that Mr. Linder can help with if you get arrested.
Physical Possession Charges
Possession of various illegal and controlled drugs is likely to violate Texas law and a person who is caught will face a serious sentence. Having actual possession of drugs is one type of charge that a person can get arrested for.
A physical possession charge indicates a person knowingly has physical control of a drug at a given time. This means the substance was in the person’s hand or carrying it somewhere on their body.
The result of your penalty depends on the type of drug you’re in actual possession of and the quantity of it. Phillip Linder can help fight against these charges to protect you in your case.
Constructive Possession Charges
The second type of drug possession charge is known as constructive. This means the drugs we’re actually on the person and they weren’t carrying it. Instead, the person is aware of the presence of the drugs and has both the power and control over them at a given time, either directly or through other people.
A constructive drug possession charge is harder to prove compared to physical possession because the prosecutor must prove hard evidence that the person had knowledge and control of the drugs.
Frequently Asked Questions
How do you beat a drug possession charge?
In some cases, it is possible to fight against drug possession charges and obtain an agreeable outcome. It may not be able to be completely “beat,” but Mr. Linder can deliver you with the best possible results.
What is the mandatory minimum sentence for drug possession in Texas?
A mandatory minimum sentence for drug possession in Texas is considered a “Class A” or “Class B” misdemeanor. This generally means a person caught with an illegal or controlled drug can go to jail for anywhere between 180 days and two years and pay a fine as little as $4000.
Again, your minimum sentence for drug possession all depends on the type and number of drugs involved. A qualified drug attorney like Phillip A. Linder can help defend your case with a minimum sentence.
Can a possession of a controlled substance charge be dropped?
If you’re charged with possession of a controlled substance, you may be able to get it dropped if it’s your first offense. If you’re a first time offender, you can complete a drug diversion program or drug court to get it dismisses.
Phillip Linder can help lessen your charges and potentially get you to this court decision. Give our office a call today to get started with a free case review (214) 329-0376.
How do you prove constructive possession?
In order to convict a person of constructive possession, the state of Texas must prove that the person held under belief knew that the drugs were illegal and present, plus that they had dominion over them.
Proximity to the drugs is normally not enough to convict someone in this type of case and you can have a fair fight if this is your case. Contact Mr. Linder if you’d like someone with experience in defending drug crimes to represent you.
How Can Phillip Linder Help?
If you’ve been arrested for drug possession, whether it’s physical or constructive, Mr. Linder is here to help. With his expertise as a defense attorney in Texas, he can protect your legal rights after a charge of drug possession.
Start with a no-obligation case review by filling out a form below or giving our office a call. Phillip Linder always looks forward to meeting potential clients so he can fight their case.