Drug Possession Charges In San Antonio
A drug possession charge involving marijuana, cocaine, methamphetamine, heroin or other illegal substances can have a severe effect on the lives of you and your loved ones. Drug possession laws vary by state, but the basic elements of the offense are the same: Prosecutors must prove, beyond a reasonable doubt, that you knew the drug was a controlled substance and that you knowingly had possession of it.
Many people facing state or federal drug charges underestimate the police and prosecutors. Without the immediate help of the team at Ramos & Del Cueto, PLLC, they may find themselves making damaging statements to law enforcement or giving up important constitutional rights.
We fight diligently to ensure that your rights are respected and work to get the best possible outcome for your case. If you or a loved one was arrested on drug charges, it’s important to contact the law offices of Ramos & Del Cueto, PLLC, as soon as possible.
Drug Possession Law Categories
There are two categories of laws for drug possession: simple possession and possession with intent to deliver. Of the two, simple possession carries repercussions that are less harsh in comparison to a charge of possession with intent to deliver, which often results in jail time and stiff fines.
The severity of that offense, however, depends on the type of drug, the amount found and the location of the crime, as well as any prior offenses you might have on your record. This means that a second offense might see harsher penalties, depending on the drug in question and the amount in possession.
Drug Possession Penalty Groups
Drug possession laws in Texas classify illegal substances into a variety of penalty groups to determine the illegality of the substance. The severity of the charge depends on the classification of the substance. Group 1 substance charges carry the most severe penalties, while Group 4 penalties carry lesser charges.
- Group 1: Heroin, cocaine, opium, methamphetamine, ketamine
- Group 1a: LSD
- Group 2: Hallucinogenic substances, including ecstasy, PCP and mescaline
- Group 3: Ritalin, Xanax, Valium and other prescription drugs
- Group 4: Dionine, pyrovalerone or buprenorphine
Marijuana is not considered a controlled substance under Texas law. However, it is still illegal and could lead to drug possession charges.
Regardless of the severity of your case, if you are convicted of any drug or controlled substance offense, you will have your driver’s license suspended for a period of 180 days and will have to attend a 15-hour mandatory drug education class.
Drug Trafficking In San Antonio
If you are found carrying a large amount of drugs, the charge will typically increase to possession with intent to distribute and may even have federal law implications. Drug trafficking carries heavy penalties for those who are found guilty of knowingly delivering controlled substances, and the sentence length varies based on the type of substance in question as well as the amount transported.
While sentences can be harsh, there are several defenses that could help against a drug trafficking case, such as:
- Ignorance or lack of knowledge about substance
- Mistake of fact
It’s important to contact Ramos & Del Cueto, PLLC, to ensure the details of your case are evaluated thoroughly and that you are advised of the possible defense options at your disposal.
Put Strength And Experience To Work In Your Defense
At Ramos & Del Cueto, you will find an experienced criminal defense team prepared to protect your rights and your freedom against any state or federal drug charges, including:
- Marijuana possession and other misdemeanor offenses
- Possession with intent to distribute controlled substances including heroin, cocaine, methamphetamine and MDMA (ecstasy)
- Drug trafficking, importation and transportation
- Drug manufacturing and cultivation (drug manufacturing labs and marijuana grow house cases)