If you’ve been charged with Possession of Heroin or Possession of a Controlled Dangerous Substance (CDS) you need a Texas Criminal Defense Lawyer and Former Prosecutor to Defend Your Rights & Challenge the Evidence.
Heroin possession is a serious crime. A person charged with Possession of Heroin, or Possession of a Controlled Dangerous Substance (CDS) can face up to five (5) years in Texas State Prison. In addition, many drug offenses carry monetary prison sentences, monetary penalties and a mandatory suspension of driving privileges from six months to two years.
If you have been investigated for or charged with a drug possession offense you should see a lawyer immediately. Only an experienced criminal defense lawyer who is familiar with the law in Texas will be able to advise you as to the strength of the case against you and the availability of any defenses.
We have the skill and experience to investigate your case, challenge the evidence, and advise you on a course of action that is best for you. Whether we are seeking a dismissal, negotiating the best plea deal available or defending your legal rights at a trial, we understand the system and how to make it work in your favor. Our knowledgeable and aggressive representation regarding search and seizure and all other Fourth Amendment Constitutional issues will ensure the protection of your legal rights.
Drug Crimes: Definition, Charges & Penalties
Drug possession charges generally mean the possession of any controlled substance without the written prescription of a physician or qualified medical practitioner licensed to practice in the State of Texas. Drug possession can involve several different types of controlled substances such as marijuana, cocaine, crack cocaine, heroin, methamphetamine’s and prescription drugs.
Where a person knowingly has heroin on his or her person (for example, in a pocket) or under his or her personal, physical control (for example, in a duffle bag one is carrying), he or she has possession of heroin under the law. “Knowingly” is defined as awareness by the person with the heroin that he or she has the drug on them and that it is illegal.
Constructive possession is much broader than actual physical control. In order to establish constructive possession, the prosecutor must prove 1) that the defendant had the power and intent to control the substance, and knowledge that the substance was heroin and 2) that the defendant intended to control the heroin even if it wasn’t in his actual physical possession.
Possession of a Controlled Dangerous Substance (CDS)
You can be charged with possession of a CDS without actually physically possessing the illegal substance. If someone in your car is carrying drugs in their purse or pocket, and you’re the driver or owner of the vehicle, you could be charged even if you were totally unaware.
Distribution and Possession of CDS with Intent to Distribute
The distribution and possession of drugs with intent to distribute hinges on two key things: the weight of drugs in your possession; and the location of your arrest. In Texas, statutes provide for a more severe penalty if you’re arrested within 1,000 feet of a school, or within 500 feet of a public park or housing project, even if you had no idea that any of these places were nearby.
Conspiracy to Distribute CDS
Anyone who knowingly helped to facilitate or further the criminal sale, distribution or trafficking of controlled substances or narcotics can be charged with drug conspiracy to distribute CDS. Even if you did not personally come into contact with the actual drugs, but committed any other act in the furtherance of the sale or distribution of drugs, you can be charged.
In the Face of Drug Possession Charges, Without a Solid Defense Strategy, You May End Up in Jail
Even if it is your first offense, you need an experienced criminal defense lawyer to minimize the impact a conviction could have on your future. Possession of Heroin (CDS) is a drug crime that may result in a permanent criminal record. Heroin possession convictions could exclude you from certain types of employment and could even impact your current job.
We will examine your drug possession charge from every angle and detail to skillfully craft a winning legal strategy. This includes: the probable cause for your arrest; whether or not the search was legal; whether the warrant requirements were satisfied; chain of custody issues regarding the seizure and testing of the drugs and any other Constitutional issues.
You can rely on us to:
- challenge every piece of evidence in your drug arrest
- where possible, obtain probationary terms rather than jail sentences even for those with extensive criminal records
- where possible, convince the Prosecutor’s Office to dismiss the charges if a co-defendant has taken responsibility for the heroin in question
- where possible, get the charges downgraded to a disorderly persons offense
- apply to drug court as an alternative to jail
We will not hesitate to file a Suppression Motion on your behalf to challenge the legality of your search and seek a dismissal of the charges against you before the expense and risk of a trial is even considered.
Don’t Let Your Future Hang in The Balance. Call Us Now
If you’ve been arrested or charged with a drug crime in Texas you will not find a more powerful or well respected advocate. We have the experience, resources and know-how to aggressively defend clients against even the most serious drug charges