• What happens after I am arrested?
• What happens if I miss the court date?
• Am I going to jail?
• Can the case be dismissed?
• Can the evidence be thrown out?
• Do I need an attorney to accept a plea bargain?
• Can I keep this of my record?
• If I am guilty do I have options?

Possession Of A Controlled Substance

Texas law prohibits the possession and/or distribution of controlled substances. There are "schedules" of what constitutes a controlled substance. There are the obvious ones such as marijuana, cocaine, heroin, and others. And there are others that may not be so obvious to the non-lawyer.

Basically in Texas, the drug offenses can be broken down into three categories: delivery, possession with intent to deliver, and possession.

There are other offenses that are also considered drug offenses such as illegal investment, where an individual tries to purchase a large amount of drugs for the purpose of selling them.

Other related crimes may include conspiracy, engaging in organized crime, and others.

For possession cases the State will generally have to prove that the substance is what they claim it to be, that it is a usable quantity, and they must link the drugs to the defendant. For example, if the drugs are found in your pocket then they will not have a difficult time linking the drugs to you. If, however, you borrow a friend's car and you are pulled over for a traffic violation and they find drugs in the trunk, they will have a more difficult time linking the drugs to you.

While all of this seems relatively simple, there are other factors that can be involved in a drug case. For example, the law enforcement agency may have used a "confidential informant" to gather information or to make a buy or delivery. Or they may have searched your home with a search warrant. It is important to have an attorney who has dealt with these issues to make sure that your rights are protected.

The range of punishment will depend on many factors. These factors include but are not limited to they type of drug, the amount, whether it is a delivery case or a possession case, and the defendant's criminal history.

Dug charges are classed according to the weight of the drugs. For marijuana there can be misdemeanor amounts under 4 ounces. Over 4 ounces the offense becomes a felony.

For cocaine, heroin or other Schedule I drugs, any amount under 1 gram is a state jail felony and amounts over a gram can be from a felony 3rd to a felony 1st offense.

Possession of drug is when you have control of the drugs either on your person or in property under you care, custody, control or management.

Possession of drug does not mean ownership

Delivery of drugs is when you either deliver yourself or assist in the delivery of drugs

Possession with intent to deliver if often used when you are arrested with a large amount of drug, more than normal personal use but not actually caught delivering.

What happens after I am arrested?

In most cases, the charge will be filed with the District Attorney's office. You will receive a court date after you bond out. Your case will be assigned to an assistant District Attorney to handle. That DA will review the case and make you a plea offer. You have to decide to either accept the plea offer or contest the charge.

In some cases the drugs will be sent to the lab to be analyzed. That will delay your case being filed in court.

In Felony cases your case is required to be presented to a Grand Jury. There are steps you can take during this process which may help your case.

What happens if I miss the court date?

In most cases the judge will issue another warrant for your arrest. In some cases if you act quickly, the judge may set aside the bond forfeiture and allow you to reset the case.

Am I going to jail?

In the majority of drug case you receive probation so you do not serve jail time unless you violate your conditions of probation. Drug treatment may be included in the condition of probation. Monthly testing will most likely be a condition also.

Depending on the weight on penalty class and prior criminal record, you may be offered probation on lesser amounts but TDC time on larger quantities of drugs.

Can the case be dismissed?

In Texas, only the District Attorney can present a motion to dismiss the case. The judge has no authority to dismiss a case on his own power. Some case can be dismissed. Charges are not dismissed easily but there are steps you can take to enhance your chances of having the case dismissed.

Can the evidence be thrown out?

In some cases it can. After reviewing the case it may be appropriate to file a Motion to Suppress which if granted will prevent any illegally obtained evidence from being used against you. If there is no other legal evidence then the case may be dismissed.

Do I need an attorney to accept a plea bargain?

Yes, you need an attorney to review your case. The judge or the DA is prohibited from giving you legal advice.

An attorney can review you case and negotiate a more favorable plea bargain. A conviction for a drug offense could have other consequences such as your drive's license being suspended.

Reviewing all your options is critical before accepting a plea offer.

Can I keep this of my record?

Arrest records can be expunged in certain circumstances.

Some court records can also be sealed after successful completion of a deferred probation and the required waiting period.

If I am guilty do I have options?

Yes, there is a wide range of punishment in most cases. If you do not wish to contest the charge then it is critical to negotiate the best possible plea offer.

There are steps you can do before the plea bargain to obtain a better plea bargain or lessen the conditions of probation.

Taking the right steps such as obtaining counseling, obtaining employment, drug treatment, bringing witnesses to court can sometime place you in a better position.