Being arrested for a drug offense is frightening, especially in Texas where laws are often confusing, enforcement is strong, and penalties are harsh. Being arrested is likely to make you feel vulnerable since you know the consequences of a conviction may be life-altering. The best thing you can do to protect yourself in this situation is to find a first-rate criminal defense attorney who not only has experience in drug possession defense but a track record of successful outcomes.
Ceja Law Firm PLLC, with clients throughout Houston and surrounding areas is an excellent criminal defense practice with an excellent track record of successful outcomes. Don’t make the mistake of thinking you don’t need an aggressive defense. Remember, the highest penalty given in Texas for drug possession is life or 99 years in prison and/or a fine of up to $250,000. While your offense is unlikely to rise to this level, bear in mind that Texas has very tough drug laws and be prepared for a fight. The sooner you contact us, the sooner you will have the safety net of powerful legal representation.
Categories of Drug Crimes in Texas
In Texas, drug crimes range from minor crimes classified as Class C misdemeanors to extremely serious drug crimes designated as enhanced first-degree felonies. At Ceja Law, no matter what the offense you are accused of, we will treat you with concern and respect, always assuming you are innocent until proven guilty.
Types of Illegal Drugs
There are a number of different types of illegal drugs, scientifically distinguished by their chemical makeup and their effects on the body. Types of illegal drugs include:
- Opioids — opium, morphine, heroin, codeine, oxycodone, fentanyl
- Depressants — heroin, barbiturates, benzodiazepines(e.g. Xanax)
- Stimulants — cocaine, amphetamine (speed), methamphetamine, prescription medications for ADHD
- Hallucinogens — LSD (acid), PCP, mushrooms (psilocybin), ketamine, peyote, mescaline
For purposes of determining penalties, Texas law classifies these drugs into four penalty groups which do not sync with the drug categories mentioned above. This alone is enough to confuse you if you’re trying to understand the legal consequences you face and is a powerful reason to have a criminal defense attorney with in-depth knowledge of Texas law in your corner.
Marijuana Offenses Are Not So Minor in Texas
Even though some states have already legalized marijuana and several are considering doing so, Texas still enforces strict laws against possessing cannabis. Possessing two ounces of marijuana is a Class B minor which can result a fine of up to $2,000, 2 years of community service, and up to 180 days in the county jail. Possessing an enormous quantity of marijuana (over 2,000 pounds) can bring you a punishment of $55,000 and a prison sentence of up to 99 years. Any type of marijuana concentrate is actually a felony and is punishable with prison time.
Drug Crimes Prosecuted in Texas
You may be arrested, tried for, and convicted of, any of the following drug crimes in Texas:
First of all, it is important to understand that, according to the Texas Health and Safety Code, if you intentionally or knowingly have “actual care, custody, control or management” of an illegal substance, you are considered to be in possession of it. The penalties for possession of an illegal drug vary according to  the particular controlled substance and  the amount of that substance found in your possession and  your own criminal history.
Cultivation or Manufacture
The Texas state law that prohibits the cultivation or manufacture of illegal drugs is known as the Texas Controlled Substances Act. It is under this law that the four penalty groups mentioned earlier were created. It is illegal to grow marijuana or to manufacture meth or any other illegal substances.
Prescription fraud occurs when an individual:
- Visits many doctors to obtain prescriptions for the same medication (“doctor shops”)
- Forges prescriptions on a stolen prescription pad
- Alters an existing prescription
- Impersonates a medical professional who is allowed to prescribe
Once again, the penalty for this offense varies depending on the drug named in the prescription and the quantity obtained. Commonly, prescription fraud is used to obtain: oxycodone, morphine, Percocet, Vicodin, Xanax, Klonopin, Valium, and other tranquilizers, sleep medications, Adderall and Ritalin.
Defenses Against Drug Offenses
At Ceja Law, we have comprehensive knowledge of Texas and federal drug laws and several well-honed tactics to defend against drug charges. We are ready and able to fight for your rights and your freedom, knowing full well how high the stakes are.
We may be able to prove that:
- A search of your home, vehicle, or person was illegal due to the officer not having the right to search, or a defect in a search warrant
- A confession was illegally obtained due to a lack of Miranda warnings or some other violation of your Constitutional rights
- You had no awareness that the substance in your possession was an illegal drug (mistake of fact), thinking it was a benign substance (like sugar or flour)
- You were legally entitled to be in possession of the drug as a medical professional, a patient with legally prescribed medication, or a chemist doing scientific research
- You did not know that the substance was “in your possession” at all since it was hidden from you
- Someone else is the guilty party
- You were under duress, threatened and/or forced to engage in this illegal activity
You can rest assured that whichever defense strategy we use, we will give you the very best chance of a successful outcome.
Contact Our Houston Drug Possession Attorney
Jose Ceja, lead attorney at Ceja Law Firm, spent several years as a prosecutor of drug cases involving drug possession and drug trafficking. He, therefore, has keen insight into the methods prosecutors use and knows every chink in their armor.
If you have been arrested on a drug charge in or around Houston, Jose Ceja is the criminal attorney to come to. His firsthand knowledge of Texas drug law and of the techniques used by Texas prosecutors make him an outstanding legal representative and a formidable litigator. Give him a call or contact us through our website as soon as possible so we can begin developing a winning defense strategy for your case.