Drug Possession

San Benito Drug Possession Lawyer

Tenacious Defense Against Drug Possession Charges in Cameron County

Possession of illegal drugs or medical drugs without a valid prescription can lead to some harsh criminal consequences in Texas. If you or someone you know has been accused of or charged with illegal drug possession, it is crucial that you seek qualified legal help.

At Gustavo D. Elizondo, III Attorney at Law, you can bring your case to a former Cameron County prosecutor who has a thorough understanding of Texas law and criminal justice procedure. As your advocate, our firm will do everything possible to help you avoid a conviction or to reduce the charges or sentencing in any case of illegal drug possession in Texas.

Are you facing a drug possession charge in Texas? Call Gustavo D. Elizondo III, Attorney at Law today at (956) 275-9191 or contact us online to schedule a meeting with our drug possession attorney in San Benito!

Drug Possession Laws & Penalties in Texas

How you are charged and penalized for drug possession in Texas will depend on which Penalty Group is involved in your case. Penalty Group One is the most serious, listing such drugs as cocaine, methamphetamine, opioids such as hydrocodone and oxycodone, and heroin.

For example, penalties for possession of drugs in Penalty Group One can range from 180 days in jail up to two years in prison and a fine of up to $10,000. If you are found possessing 400 grams or more of these substances, penalties can go up to life in prison and fines of up to $300,000.

Penalties in any conviction will vary widely depending on:

  • The type of drug involved and which Penalty Group it falls under
  • How much of the drug was found in your possession
  • How the drug was stored or hidden
  • Whether drug paraphernalia was found, such as scales, pipes, bongs, large amounts of cash, etc.)
  • Your previous convictions, if any
  • Whether the drug possession occurred in a Texas drug-free zone, such as a school or other location where children are found

Can You Be Charged with Drug Possession After the Fact?

In Texas, as in many jurisdictions, it is generally not possible to be charged with drug possession "after the fact" for a substance that you did not possess at the time of the alleged offense. Criminal charges, including drug possession charges, typically require that the person was in possession of the controlled substance at the time the offense occurred.

  • To be charged with drug possession, the prosecution needs to establish several elements, including:
  • Actual Possession: This means you had physical control or custody of the controlled substance. For example, the drugs were found on your person or within your immediate reach.
  • Constructive Possession: This refers to situations where you may not have had physical possession of the drugs, but you had the ability and intent to exercise control over them. This might apply, for instance, if drugs were found in your car or in a place under your control.
  • Knowledge: The prosecution must demonstrate that you were aware of the presence and nature of the controlled substance. In other words, you knew you had drugs in your possession.
  • Intent: It needs to be shown that you intended to possess the controlled substance, either for personal use or for distribution.

However, it's important to consult a legal professional if you have specific questions about a situation. Laws can vary, and legal outcomes depend on the specific circumstances, evidence, and the interpretation of the law by the courts.

If you or someone you know is facing a legal situation involving drug possession or any other criminal charge, call our San Benito drug possession attorneys today.

Texas Marijuana Possession

Marijuana as a Penalty Group includes cannabis and synthetic marijuana drugs known as K2, Spice, and other names. Simple possession of these substances can result in minimum penalties, such as probation and court-ordered drug treatment programs. In some cases, the charges may be dismissed after the successful completion of such programs.

Other penalties can include up to 180 days in jail, fines of up to $2,000, and a six-month driver’s suspension. Possession of more than two ounces can result in steeper penalties of one to 10 years in jail and/or fines ranging from $4,000 to $50,000. Possession of more than two pounds of marijuana can result in prison for many years up to life.

How to Get a Possession Charged Dismissed in Texas

In Texas, getting a possession charge dismissed requires a thorough understanding of the law and a strong defense strategy. The first step is to hire an experienced criminal defense attorney to review the evidence against you and identify any weaknesses in the prosecution's case. Your attorney can then file motions to suppress evidence or challenge the legality of the search and seizure that led to your arrest. If the prosecution cannot prove that the evidence was obtained legally, your charges may be dismissed. Your attorney may also negotiate with the prosecutor for a plea deal or take your case to trial. Ultimately, the best way to get a possession charge dismissed in Texas will depend on the specific facts of your case and the strength of your defense.

Another potential strategy for getting a possession charge dismissed in Texas is to challenge the element of "possession." To be convicted of possession, the prosecution must prove that you had actual or constructive possession of the illegal substance. Actual possession means the drugs were found on your person, while constructive possession means the drugs were found in a location you controlled. Your attorney may argue that you did not know about the drugs, did not have control over the location where the drugs were found, or that the drugs did not belong to you. Additionally, your attorney may investigate the arresting officer's conduct and any possible misconduct, such as racial profiling or an unlawful stop. Ultimately, the best defense strategy will depend on the specific circumstances of your case and the evidence against you. Our experienced San Benito drug possession lawyer can help you navigate the legal system and build a strong defense to fight possession charges.

Contact Our San Benito Drug Possession Attorney Today

It is important to remember that drug charges and penalties are highly individualized based on the specific circumstances of your case. In any case, however, our firm will investigate all aspects of your arrest, from whether probable cause existed in an initial search to all other factors about your situation.

Many potential defenses exist in any drug case. We can investigate and analyze all legal avenues at Gustavo D. Elizondo, III Attorney at Law, to provide you with the best defense strategy.

Contact Gustavo D. Elizondo III, Attorney at Law, today to schedule a FREE consultation with our drug possession lawyer in San Benito!

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Why Choose Gustavo D. Elizondo, III Attorney at Law?

  • We Treat You Like Family
    At our firm, you will not be treated like a number. Every client gets treated with the time and the respect they deserve to best suit their needs.
  • A Family Legacy
    Attorney Gustavo D. Elizondo, III is the grandson of Judge Reynaldo G. Garza, the first Mexican-American federal judge in United States history.
  • Experienced Trial Attorney
    Attorney Gustavo Elizondo, III has tried numerous jury trials. His knowledge, determination, and perseverance have made him successful in the courtroom.
  • Former Prosecutor
    Attorney Gustavo D. Elizondo, III began his legal career as a state prosecutor in the Cameron County District Attorney’s Office.