Abilene Drug Possession Lawyer

Facing drug possession charges in Abilene, Texas, in Taylor and Jones Counties, can turn your life upside down. It's not just about the legal consequences but how this could impact your job, freedom, relationships, and mental well-being.

But here's the reality: merely having a controlled substance doesn't automatically make you a criminal. Often, there are legitimate reasons for possessing these substances. 

You deserve a fair chance to explain your situation and defend your rights. That's where the Abilene drug possession lawyers at the ​​Law Offices of David M. White come in – we’re your legal ally, ready to stand by your side and fight for justice.

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Why the Abilene DWI Defense Lawyers at The Law Office of David White Should Defend You

When offering legal defense, the David White philosophy is to treat every client with the utmost respect and dignity, irrespective of the nature of the alleged offense.

From handling minor traffic infractions to navigating severe drug possession charges, they utilize their extensive legal experience in possession law to minimize potential charges and penalties.

Our Abilene criminal defense lawyers can also help clear your criminal record and handle appeals for past convictions. We examine every detail of the evidence to protect your rights and ensure everyone follows legal procedures correctly. Your defense is the highest priority.

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What Makes The Law Office of David White Stand Out?

The Law Offices of David M. White are your trusted legal partner in Abilene, Texas. We believe you deserve the most knowledgeable and skilled representation possible and are at your service, providing an outstanding drug possession defense.

Attorney Credentials: David M. White shares his profound legal knowledge and experience in every case. Here's what sets him apart:

• Education Excellence: Texas Tech University magna cum laude graduate, earning a B.B.A. in Finance with Honors Studies in 2002. He went to the Texas Tech University School of Law to earn a Doctor of Jurisprudence in 2006.
• Criminal Defense Advocacy: David M. White is a true maestro of Criminal Defense, skillfully protecting your rights with a staunch commitment to a fair and compelling defense.
• Compassionate Legal Support: You're a client and part of the family at The Law Office of David White. They provide unwavering support and guidance throughout your legal journey.

Discover What Clients Have to Say

Client satisfaction and success are at the heart of everything at the Law Offices of David M. White. Their words reflect the dedication, know-how, and personalized care that exemplifies the firm. 

You don't have to take their word for it. See what the valued clients say about their experiences with the firm. 

Abilene Drug Possession Laws

Texas ranks controlled substances into punishment groups based on their potential for abuse and medical use. The penalties for drug possession are determined by the specific penalty group associated with the drug.

The penalty groups are as follows:

• Penalty Group 1 and 1-A: Includes substances with a high potential for abuse and narrow medical use, such as cocaine, heroin, and methamphetamine. LSD, considered highly dangerous, is Group 1A.
• Penalty Group 2 and 2A: Contains substances with a lower potential for abuse but that still pose significant risks, including ecstasy (MDMA), PCP, and mescaline. Synthetic cannabinoids are classified under Penalty Group 2-A.
• Penalty Group 3: This group has a significantly lower potential for abuse and has accepted medical uses, such as anabolic steroids and Xanax.
• Penalty Group 4: The least restrictive group includes substances with a lower potential for abuse and accepted medical uses, such as cough medicines with codeine.

What Are the Drug Possession Penalties in Abilene?

The penalties for drug possession can be severe. The consequences depend on several factors, including drug specifics, your criminal history, and if there was an intent to distribute. 

Here's what you need to know:

• Class A Misdemeanor: Possession of less than two ounces of marijuana is typically classified as a Class A misdemeanor, resulting in up to one year in county jail and fines of up to $4,000.
• State Jail Felony: Possessing a small amount of Penalty Group 1, 1-A, 2, or 2-A substances can lead to state jail felony charges with a punishment of 180 days to 2 years in state jail and fines of up to $10,000.
• Third-Degree Felony: Larger amounts of Penalty Group 1, 1-A, 2, or 2-A substances typically raise the charges to a third-degree felony, with 2 to 10 years in prison and fines of up to $10,000.
• Second-Degree Felony: Possession of even more significant amounts of controlled substances usually leads to second-degree felony charges, carrying a prison sentence of two to 20 years and fines maxing at $10,000.
• First-Degree Felony: When a tremendous amount of controlled substances are present, you could face first-degree felony charges, with penalties of five years to life in prison and fines of up to $10,000.

What Defenses Are Available for Drug Possession Charges in Abilene?

Facing drug possession charges is terrifying. It helps to know that you have legal rights and potential avenues for defense.

Our seasoned Abilene drug possession attorneys are here to assist you in crafting a robust defense strategy tailored to your specific circumstances.

The most well-known defenses against drug possession charges are:

• Challenging Illegal Search and Seizure: If law enforcement violated your Fourth Amendment rights during a search and seizure, any evidence obtained may be deemed inadmissible in court.
• Establishing Lack of Knowledge or Control: In some instances, you might not have been aware of the presence of drugs or had control over the situation. This defense typically applies when you live or work in the same place with others or borrow a vehicle.
• Citing Medical Necessity: Certain individuals may possess controlled substances out of genuine medical necessity, but this defense requires proper documentation from a qualified medical professional.
• Questioning Chain of Custody: A strategic defense approach involves challenging the integrity of evidence by raising doubts about the chain of custody.
• Alleging Entrapment: If law enforcement coerced or induced you to commit a drug-related offense that you wouldn't have otherwise engaged in, the defense of entrapment may be a viable option.

What Happens After a Drug Possession Charge in Abilene?

After authorities charge you with drug possession in Abilene or anywhere in Taylor and Jones Counties, how the legal process unfolds depends on the jurisdiction and the case's specific circumstances.

Here is a general overview:

1. Arrest: Initially, you may be arrested by law enforcement if they have evidence or reasonable suspicion to believe you have illegal drugs. 
2. Booking: After the arrest, you are typically taken to the Taylor County Adult Detention Center, where you will go through the booking process, including recording your personal information, taking fingerprints, and sometimes a mugshot.
3. Initial Appearance: You will have an initial appearance in court, usually within a day or two of the arrest. The charges against you will be formally presented during this hearing, and you will be informed of your rights. You may also be allowed to request bail.
4. Bail Hearing: If bail is set, your attorney can request a bail hearing to argue for a lower bail amount or your release on your own recognizance (without bail) if you are considered low risk.
5. Legal Representation: It's crucial to consult with an attorney who profoundly understands Abilene criminal defense, especially drug possession cases. Your attorney will assess the evidence, advise you on potential defenses, and represent your interests throughout the legal process.
6. Discovery: Your attorney may request evidence from the prosecution through the discovery process. This can include police reports, witness statements, and any physical evidence of your case.
7. Plea Negotiations: Sometimes, your attorney may negotiate a potential plea agreement. This could involve reduced charges or sentencing recommendations in exchange for a guilty plea.
8. Pretrial Motions: Your attorney may file motions to suppress evidence if there are grounds to believe that the evidence was obtained illegally or in violation of your constitutional rights. These motions will be argued in court.
9. Trial: If a plea agreement is not reached or if you choose to contest the charges, your case may go to trial. The prosecution and defense present their case during the trial, and a judge or jury determines your guilt or innocence.
10. Sentencing: If you are found guilty, the court will schedule a sentencing hearing where the judge will determine the appropriate punishment, which may include fines, probation, drug treatment programs, or incarceration, depending on the severity of the offense and your prior record.
11. Appeals: If convicted and you believe there were errors during the trial or sentencing, you may have the option to appeal the decision to a higher court.

Drug possession laws and procedures can vary widely depending on the jurisdiction and the type of drug. Penalties range from fines and probation to significant prison sentences.

Consult a qualified attorney to guide you through the legal process and provide the best possible defense.

How Can a Drug Possession Attorney Help?

A drug possession attorney can be instrumental in helping individuals facing drug possession charges in several ways:

1. Legal Experience: Drug possession attorneys know the intricacies of drug possession laws in their jurisdiction. They understand the relevant statutes, case law, and potential defenses that can be used to protect their clients' rights.
2. Assessment of Evidence: Attorneys can thoroughly review the evidence against their clients, including police reports, witness statements, and physical evidence. They assess whether the evidence was obtained legally and whether there are grounds for suppression or dismissal.
3. Developing Defense Strategies: Drug possession attorneys can develop strong defense strategies based on their legal acumen and the case’s specifics. This may involve arguing that the evidence was obtained through an illegal search and seizure, challenging the chain of custody, or presenting other valid defenses.
4. Negotiating Plea Agreements: Attorneys negotiate with prosecutors to reach a plea agreement that may result in reduced charges or more lenient sentencing recommendations. This can be advantageous when facing the possibility of severe penalties. The Taylor County District Attorney’s office is 300 Oak Street #300, Abilene, TX, 79602. The respectful working relationship between Attorney David White and the prosecutor's office helps make the process more efficient.
5. Advocating for Alternative Sentencing: Attorneys can advocate for alternative sentencing options such as drug diversion programs, probation, or rehabilitation instead of incarceration, especially for first-time offenders or individuals with substance abuse issues.
6. Protecting Rights: Drug possession attorneys uphold their clients' constitutional rights throughout the legal process. They can challenge any violations of these rights, such as unlawful searches, coerced confessions, or violations of the right to remain silent.
7. Court Representation: Attorneys represent their clients in court proceedings, including arraignments, bail hearings, pretrial motions, and trials. They present evidence, cross-examine witnesses, and make legal arguments on their client's behalf. Court proceedings in Abilene, Texas, take place at the Abilene Municipal Court, 4574 South First Street, or at the Taylor County Courthouse, 300 Oak Street.    
8. Legal Guidance: Attorneys provide legal guidance to their clients, explaining the potential consequences of various legal options and helping them make informed decisions about their cases.
9. Appeals: If a conviction occurs and there are grounds for appeal, drug possession attorneys can pursue appeals to higher courts to challenge the conviction or sentence.

A drug possession attorney can protect you from drug-related charges. We can significantly improve the outcome of your case, potentially leading to reduced penalties or even dismissal of charges in certain circumstances.

Give David and his legal team a call today. Call (325) 437-3311 for your free consultation with our skilled criminal defense attorney in Abilene.