The discovery that your minor-aged son has been charged with possession is often a stressful, confusing, and disappointing experience for most parents. They often are unsure of what the charges against their child mean, how it will adversely impact their future, and what they can do to help protect their child.
Having the help of a professional and well-versed drug possession defense attorney in Texas will help ensure your child’s rights are protected during this challenging time.
The Law Offices of David M. White provide thorough and dependable defenses for their Texas clients facing DWI charges. Call our team today at (325) 437-3311 to schedule your free initial consultation.
What Classifies as Drug Possession?
According to data published by the Texas Department of Public Safety, the majority of drug abuse arrests made in Texas are for the possession of illegal drugs (versus the sale of these substances).
Being charged with drug possession means that the person accused has knowing care, control, or custody over a controlled substance. Drug possession charges exclude controlled substances for which a person has a valid prescription in their name.
When charged with drug possession, it is evident that the person possesses the controlled substance for personal use and does not intend to sell or distribute it to others.
The possession of a drug can be identified under various classifications.
Actual Possession
Actual possession applies when illegal drugs are discovered by law enforcement either directly or immediately within a person’s possession.
This type of possession commonly applies when law enforcement finds drugs in a person’s hand or pocket.
Constructive Possession
Constructive possession occurs when a person has actual control of a drug and not necessarily physical control or actual possession. This type of possession usually applies when law enforcement discovers illegal drugs in a shared space and believes the person being charged is aware of the drug’s presence.
Examples of constructive possession include when law enforcement finds illegal substances in a shared home, a shared car, or other shared space.
How Does a Drug Possession Charge Differ from an Intent to Distribute Charge?
A person is charged with intent to distribute when they have a controlled substance in their possession in a manner that demonstrates the person intended to sell or distribute the product.
The quantity of the drug present is a frequent illustrative factor in whether a charge will be classified as drug possession or intent to distribute. If a person possesses an amount of a controlled substance that is larger than what is reasonably deemed to be used for personal consumption, then the person will most likely be charged with the intent to distribute.
Other factors that could determine an intent to distribute include the presence of
- Large sums of money
- Packaging material, such as small plastic bags
- Drug paraphernalia
- Evidence of communication from customers, like text messages
Even though the percentage of drug abuse arrests for intent to distribute is significantly lower in Texas compared to the rate of drug possession arrests, intent to distribute charges often carry much more severe penalties.
What Are Drug Possession Charges?
Being found in possession of an illegal substance can have a range of punitive repercussions depending on the amount of substance found in a person’s possession and which Penalty Group the drug belongs to.
Punitive action for illegal drugs can range from a Class A misdemeanor, a Class B misdemeanor, a state jail felony, a third-degree felony, a second-degree felony, a first-degree felony, or a first-degree felony with imprisonment and a fine.
Imprisonment terms can range from a few months to a life sentence, and fines can go as high as $250,000.
Some charges may vary for a minor found in possession depending on whether or not the court decides to try the minor as an adult.
Penalty Groups of Controlled Substances
According to the Texas Controlled Substances Act, illegal drugs are criminally classified into four Penalty Groups. Group 1 substances carry the heaviest criminal charges, with Group 4 drugs carrying less severe charges.
Penalty Group 1 and 1-A
The classification of Penalty Group 1 includes fentanyl, methamphetamine, cocaine, and heroin. LSD is an example of a Group 1-A substance.
Penalty Group 2 and 2-A
Substances included in Penalty Group 2 are psilocybin, mescaline, codeine, amphetamine, and cannabinol derivatives (with the exclusion of marijuana). Group 2-A includes synthetic marijuana.
Penalty Group 3
Penalty Group 3 includes substances such as peyote, salvia, diazepam, alprazolam, lorazepam, and temazepam.
Penalty Group 4
Mixtures or compounds that contain limited quantities of codeine, opium, and ethylmorphine are all examples of substances included in Penalty Group 4.
Possession of Marijuana
In Texas, being charged with possession of marijuana carries its own set of repercussions outside of the four Penalty Groups.
The Texas Controlled Substances Act outlines increasing degrees of penalties associated with the possession of marijuana depending on the amount of the substance found in a person’s possession.
Penalties for possession of marijuana can range from a Class B misdemeanor, a Class A misdemeanor, a state jail felony, and a felony of either the third, second, or first degree.
Why Choose the Law Offices of David M. White
At the Law Offices of David M. White, our dedicated team is well-versed in helping fellow Texans with their criminal defense cases.
Our team relentlessly works on our clients’ cases to bring them the best results possible, easing the stress that they and their loved ones experience during challenging times.
We are committed to helping our West Texas community by proudly delivering dedicated and compassionate service and assistance with your legal needs. Our team appreciates how crucial your case results are for your future, and we strive to provide unyielding representation and advocacy for you throughout your case.
At the Law Offices of David M. White, we pride ourselves on our ability to provide free initial consultations for all of our clients, serve our Spanish-speaking community with our bilingual staff, understand and empathize with the importance of your case while we provide our legal help, and deliver top-notch service to our clients while keeping their well-being front of mind throughout their case.
Many clients express their appreciation for our help with their cases.
Cheyenne needed help with a general warranty deed and could not get any of the other local law offices to return her calls. Our team returned her call within an hour of her reaching out to us for help, and we were able to resolve her issue within a matter of days. She expressed how happy she was with our services.
Heather exclaimed how wonderful our service and staff were in helping her resolve her traffic ticket issues. She appreciated our upbeat nature, excellent communication, well-versed knowledge of the subject matter, and our ability to provide a personal touch with our services.
Dillon was grateful for how available our team was to answer all of his questions and respond promptly to his emails. He felt his case was safe in our hands and was pleased with how we fought for justice in it. Dillon appreciated how personable we were with him during his case and our comprehension of the legal court system.
What Do I Do If My Minor Aged Son Was Arrested for Drug Possession in Texas?
Knowing that your minor-aged son has been arrested and charged with drug possession in Texas leaves most parents feeling distraught, frustrated, and overwhelmed. Many people are often unsure of what steps to take to properly defend their child against these severe and potentially life-altering charges.
Your family needs to take the proper steps after your child has been arrested and charged with drug possession in Texas to help protect your child’s rights and strengthen their defense.
Do Not Accept the Initial Offer
The prosecution team will often intimidate defendants into thinking they need to plead guilty and accept the initial offer from their team. Doing so could put your child at a legal disadvantage and increase their penalties.
Work With an Attorney
It is crucial to hire an attorney immediately after your minor-aged child has been arrested and charged with drug possession in Texas.
Working with a diligent and unyielding legal team will strengthen your son’s defense case and ensure he protects your rights during this challenging and complex time.
Does My Son Who is a Minor Need a Lawyer for Drug Possession Charges?
Parents often feel distressed, frustrated, and confused after discovering their son, who is a minor, has been charged with drug possession charges. They frequently worry about how the charges will impact their child’s future and are unsure of what to do to help protect them.
Attempting to navigate the legal field of your minor-aged son’s drug possession charge without the professional help of a skilled drug possession defense lawyer can be an overwhelming and confusing experience.
People who try to manage the aftermath of their minor child’s drug possession charge alone often weaken their child’s defense and put their child in a precarious legal situation that could be damaging to their child’s future.
It is vital to have the help of a knowledgeable and well-respected drug possession lawyer to help ensure you protect your child’s rights and strengthen the defense of their case.
The prosecution team will commonly attempt to intimidate the defendant into thinking they need to accept the initial offer, which often puts the defendant at a severe legal disadvantage.
Working with an assertive and reliable drug possession defense lawyer will help protect your son from the prosecution’s strategic tactics.
Your trusted legal team will thoroughly examine all areas of your child’s defense, including
- Defining possession - Defining the possession charges your minor-aged son faces will help strengthen his defense, whether the drugs were found in his pocket, backpack, home, or car. When an illegal drug is found in a shared space, an assertive attorney can help prove that the defendant had no knowledge of the drug’s existence in that space.
- Determine any potential constitutional violations - Law enforcement may have performed an unlawful search and seizure in your child’s case. A thorough criminal defense attorney will examine the events surrounding your child’s arrest and determine if law enforcement mishandled his situation.
- Establish legal possession - In some cases, a person charged with illegal possession of a controlled substance is, in fact, legally able to be in control of that drug. An assertive criminal defense attorney will help prove the validity of your son’s prescription for the substance in question.
A skilled and knowledgeable drug possession lawyer will also advocate on your child’s behalf that they are tried as a minor and not as an adult.
Your diligent and well-versed legal team will advocate and negotiate on your son’s behalf to reduce the legal repercussions associated with his drug possession charge, including
- The length of any proposed probation
- The length of any proposed confinement time
- The number of fines and community service
- The length of the required drug treatment plan
If your minor-aged child has been charged with drug possession in Texas, contact our team today to schedule your free case evaluation.
Work With a Reliable Drug Possession Defense Attorney
Discovering your minor-aged son has been arrested and charged with drug possession leaves most parents feeling disheartened, frustrated, and overwhelmed. They are often unsure of what to do to help protect their child’s future and who to turn to for help in strengthening their defense.
Working with a reliable drug possession defense attorney will ensure your minor-aged son’s rights are protected while strengthening the defense for their case.
Our distinguished attorneys at the Law Offices of David M. White are passionate about helping our local Texas community with their drug possession defense cases.
We will work relentlessly on your son’s case to bring him the best results possible, lightening the stress on you and your loved ones during your challenging times.
Our West Texas law offices are conveniently located in
- Abilene - On the northeast corner of Treadaway Boulevard and Industrial Boulevard, just outside of the Abilene Country Club
- San Angelo - On College Hills Boulevard, a few blocks north of the West 306 Loop
Call the defense lawyer in Abilene at Law Offices of David M. White today at (325) 437-3311 to schedule your free initial consultation. Let us manage the burden of your criminal defense.
David M. White
Attorney
David M. White is an attorney with offices in Abilene and San Angelo, Texas. His practice is focused on Personal Injury cases and Criminal Defense. Mr. White attended Texas Tech University where he earned a B.B.A. in Finance in Honors Studies in 2002, graduating magna cum laude. He received his Doctor of Jurisprudence from the Texas Tech University School of Law in 2006.
If you, a friend, or family member need legal advice, please feel free to contact our firm for a free consultation with David White, a Personal Injury attorney in Abilene, Texas.
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