Possession of a controlled substance is a serious offense in many jurisdictions around the world. It carries penalties that range from fines to incarceration, depending on the quantity and type of drug involved.
In this article, we will discuss the legal implications of possessing a controlled substance, and how you can protect yourself if accused of such an offense.
This knowledge can help you understand the law and ensure your rights are protected when faced with accusations of possession. Read on to learn more!
What Is Considered Possession of a Controlled Substance?
Possession of a controlled substance is defined as having illegal drugs on your person or in your immediate control.
This can include drugs that are in your car, on your property, or even in your pockets. If the police find drugs in any of these places, they can charge you with possession.
Possession of a controlled substance is a serious offense and can lead to jail time and heavy fines. If you are caught with drugs, it is important to contact an experienced criminal defense attorney who can help you fight the charges.
What Is a Felony Possession of Controlled Substance
A felony possession of a controlled substance charge is a serious offense in the United States. If convicted, a person faces up to five years in prison and a fine of up to $250,000.
The penalties for a felony possession charge are increased if the person has prior convictions, the amount of the controlled substance is large, or the controlled substance is for sale.
What Happens When One is Charged with Possession of a Controlled Substance?
If you are caught possessing a controlled substance, the police will likely arrest you and charge you with a crime. Depending on the type and amount of drug, you may be charged with a misdemeanor or a felony. If convicted, you could face jail time, probation, and/or a fine.
In some states, first-time offenders may be eligible for drug diversion programs instead of being convicted and sentenced to jail time.
Drug diversion programs typically involve attending counseling and education classes, completing community service hours, and undergoing regular drug tests. If you successfully complete the program, your criminal charges will be dismissed.
If you are facing charges for possession of a controlled substance, it is important to speak to an experienced criminal defense attorney who can help you navigate the legal system and fight for the best possible outcome in your case.
Can a Possession of a Controlled Substance Charge Be Dropped?
A conviction for possession of a controlled substance can have significant consequences, including jail time, a fine, and a criminal record. However, there are some circumstances in which the charges may be dropped.
For instance, if the police conducted an illegal search and seizure, the evidence against you may be suppressed and the charges may be dropped.
Or, if there is insufficient evidence to prove that you knew the substance was drugs, the charges may be reduced or dismissed.
If you are facing drug possession charges, it is important to talk to an experienced criminal defense attorney who can help you understand your rights and options.
Can Someone Get Deported for Possession of a Controlled Substance?
Yes, someone can get deported for possession of a controlled substance. If a person is not a U.S. citizen and is caught with a controlled substance, they may be subject to deportation.
Controlled substances include drugs like marijuana, cocaine, and heroin. Even if the person is in the United States legally, they can still be deported for drug possession.
How Much Jail Time for Possession of a Controlled Substance?
The punishment for possession of a controlled substance in Texas depends on the type and amount of drug possessed.
For example, possession of less than one gram of heroin is a third-degree felony, punishable by 2-10 years in prison and a fine not to exceed $10,000. Possession of any amount of methamphetamine is also a third-degree felony.
Punishment for possession of a controlled substance increases to a second-degree felony if the amount possessed is greater.
For instance, possession of between four and 200 grams of heroin is punishable by 2-20 years in prison and a fine not to exceed $10,000.
Similarly, possession of between eight and 400 grams of methamphetamine is punishable by 5-99 years or life in prison, and a fine not to exceed $50,000.
If an individual is charged with possession of a controlled substance with the intent to deliver, the penalties are even more severe.
Possession with intent to deliver between one and four grams of heroin is punishable by 5-99 years or life imprisonment, and a fine not to exceed $100,000. Similarly, possession with intent to deliver between 28 and 200 grams of methamphetamine carries the same potential punishments.