Laws regarding narcotics and controlled substances in Texas are not only complicated; they are strict. Although not all controlled substances are illegal, officers may arrest you if they find you in possession of a controlled substance without a prescription. We often represent clients fighting drug charges.
According to the United States Drug Enforcement Administration, the Controlled Substances Act categorizes regulated substances. The potential for abuse, dependence liability and medical placement determines placement in one of the five classifications, also called schedules. Opioids within the Schedule II and Schedule III classifications are among the most prescribed.
Defense for possession charges
Whether you had opioids or other controlled substances, the State must prove your guilt beyond a reasonable doubt. As a result, certain factors must be present to satisfy a jury for a conviction. The State must show you knew what the substance was and that you intentionally or knowingly had it in your possession unlawfully.
If the substance found was not yours, you did not know what it was and you had no idea it was there, you may have a strong defense. Other elements that may be part of a defense strategy include having a valid medical prescription and constitutional challenges.
Collateral consequences of drug charges
There is a stigma that follows you after a drug conviction. It affects your family, your job and your future. A conviction may result in:
- Prison time
- Significant fines
- Driver’s license suspension
- Mandatory drug treatment
While in prison, you could lose your job. If you have children, you may lose custody and have supervised visits. You may longer have the right to vote or own a firearm. A strong defense can result in an acquittal or dismissal of your case and allow you to move forward with your life.