Possession is defined as the care, custody, and control of a drug in Abilene. There are many different ways in which an individual can be charged with this crime, which can carry severe penalties.
If you have been charged with possession and are seeking legal representation, it is important to consult with an Abilene drug lawyer as soon as possible. A knowledgeable drug possession attorney in Abilene can build a case to help lessen or dismiss any penalties associated with your charge.
Defending the Charge
There are many instances in which an individual can be charged with drug possession in Abilene. For example, an individual may get a ride home from work from an individual that happens to have some sort of controlled substance in their center console.
An individual is not in possession of those drugs because they do not know about them. They are not under the individual’s control and that person does not have any reason to know that they exist.
However, if an individual were to get pulled over and an officer discovers those drugs, both individuals may be charged with possession. To defend such a charge, an Abilene drug possession lawyer can use this defense to help minimize any potential consequences associated with the charge. Instances such as this are sometimes how people can be charged with drug possession in Texas.
Being Found in Possession
There are a lot of ways that an individual could be found in possession of drugs in Abilene. The first way that an individual can be charged with possession is if the officer finds the drugs in a person’s pocket, in their boot, or anywhere on their person.
An individual could also be found in possession of the drug if it is in the person’s car or home. The police may have a search warrant for any sort of property or business that the person owns, as well. If law enforcement were to find any sort of drugs in those locations, an individual can be charged with possession.
To successfully prove that an individual was in possession of a drug, the government must prove that that person had care, custody, and control of those drugs. Those elements can prove that an individual physically possessed those drugs.
To defend against such charges, an individual should not hesitate before consulting with an Abilene drug possession attorney.
Severity of the Charge
Drug possession charges are a priority with law enforcement in Abilene. There are some drug cases or statutes that act to try and differentiate between the user of the drug, someone who might be an addict, and the person who is profiting from the sale of the drugs.
If an individual does not have any convictions, the Abilene drug possession lawyer can help their client receive fewer consequences. Although the person may receive fewer penalties, the court is still strict when sentencing for a drug possession charge.
Any person currently facing drug charges should not proceed legally without hiring an experienced drug possession attorney in Abilene.
Aggravating Factors
Depending on the elements of the crime, an individual is going to suffer a varying degree of penalties. For example, less than a gram of a penalty group one drug is a state jail felony. If an individual possesses the same amount of a penalty group two, three, or four drug, an individual will often face different penalties.
The more of a substance that the person possesses, the more severe the penalty will be. For example, if an individual possesses less than 20 grams of an illegal substance, it is a state jail felony. Possessing between 20 and 79 grams constitutes a second-degree felony, and between 80 and 4,000 grams produces a first-degree felony. The higher the penalty group, the more punishment an individual will receive.
Any extenuating circumstances can impact an individual’s drug penalties. For example, if an individual does not possess a large quantity of a drug, but they are found in a drug-free zone such as a school, the individual will face a stricter penalty.
Areas that are susceptible to young people and students can qualify for enhanced penalties. If a person is in a drug-free zone, is selling or distributing to a minor, or is also in possession of a weapon, their penalty may be enhanced. Such penalties can be argued down through the use of an experienced drug possession lawyer in Abilene.
Points of Note
If a person possesses a drug and they are arrested, the person should immediately contact an attorney. Secondly, an individual should not make any statements to the police. Such statements could potentially hurt them later on.
Finally, a drug possession lawyer in Abilene can determine the strengths and weaknesses of the case, and can begin working on mitigation to see if the client needs any sort of rehabilitation program.
Constitutional Issues
There are a few constitutional issues that may be present in an Abilene drug possession case.
First, there is the Fifth Amendment right and violation of the right to remain silent. There are also issues with the Sixth Amendment right to have one’s own attorney with them when being questioned. Finally, the Fourth Amendment has a lot of potential for abuse when it comes to reasonable searches and seizures without a warrant.
There are many issues dealing with traffic stops as well. Even when there is a warrant placed, a drug possession attorney in Abilene attorney can challenge that warrant to help determine whether or not it was valid.
Benefit of a Knowledgeable Attorney
It is absolutely critical that an individual contacts an Abilene drug possession attorney immediately. Further, it is critical that the lawyer that the person talks to has knowledge not in just the law, but a basic understanding of the science. Many times, there are potential issues at the lab with the way that the drugs are actually tested. For example, the weight of a drug or the classification of the substance can be called into question.
An attorney must have some basic understanding of the lab, as well as the challenges and the science of drug testing to properly combat the allegations against their client.