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Answers To Questions About Drug Charges In Texas

Whether we have met before or not, at Nii Amaa Ollennu Law Firm, PLLC, we truly care about you, your freedom and your future in the face of drug charge. From law offices in McKinney, we answer questions about possession or distribution of marijuana and drugs that fall under Texas’ three penalty groups. Listed below are questions we often hear from clients throughout the Plano area and beyond.

How does Texas law define drug possession?

According to the Texas Controlled Substances Act, illegal drug possession means “knowingly and intentionally possess[ing] or [having] control over a controlled drug for which someone does not have a valid prescription or order from a doctor for medical purposes.”

How is actual possession different from constructive possession?

Actual possession of drugs means that you have them somewhere on your person or perhaps in a briefcase that you are in control of. Constructive possession means that you and others had actual knowledge of illegal drugs that were present (such as in a car or dwelling) and you exercised control over them.

Are the police allowed to search my vehicle for drugs at a traffic stop?

A legal search may occur if you are arrested, if you tell the police that they can search, if they believe that it is necessary to do so to avoid danger or if there is probable cause, such as an odor.

Can I be convicted of possession if I didn’t know the illegal substance was in my possession?

The short answer is no, with a skillful defense. The prosecutor must prove that you were aware of the drugs on your person, in your car or in your home.

What are the penalties for a drug crime conviction?

Legal penalties may include jail time or probation and large fines. Other negative consequences include a driver’s license suspension, and a negative impact on your future employability, educational opportunities, access to housing and achievement of other personal goals.

What are the penalties for marijuana possession?

Depending on quantities, penalties may include jail time ranging up to 180 days, one year, two years or more, and fines of $2,000, $10,000 or more. In addition, you may be ineligible for numerous jobs, professional licenses, federal student loans and other pursuits.

How Can I Get Answers To My Questions?

At Nii Amaa Ollennu Law Firm, PLLC, we are ready to help you explore your options, such as through a first-time offender program, when you face drug crime charges. Schedule a free consultation at 469-983-6973 or by email.