Frequently Asked Questions About Drug Charges
Drug charges in Texas are a serious offense. If you are facing such charges, you may have many questions and concerns. At Terri Daniel, Attorney at Law, PLLC, I have been defending clients confronting drug charges since 2003, and I have answered countless questions. Some common questions I receive include:
What are the penalties for drug possession in Texas?
Penalties for drug possession depend on the type of drug involved and the amount in possession. At the minimum, a minor drug possession charge of a less serious drug could result in up to 180 days in jail and/or a fine of up to $2,000. At the highest level, with the most strictly controlled drugs, penalties can include 10 to 99 years in prison and/or up to $100,000 in fines.
Is marijuana illegal in Texas?
Marijuana laws seem to be constantly changing around the country, but Texas law still considers the use and possession of marijuana illegal. Law enforcement takes a hard line on marijuana charges in North Texas.
When can the police search my property?
That depends on the property. Generally, the police must have a warrant to search you or your property. If they stop your vehicle as part of a traffic stop, they can search your car only if they have probable cause that you are committing a crime. For example, they may claim they smell marijuana and use that as an excuse to search your car. If they ask to search your property, you can always say no.
What is the difference between possession and possession with intent to sell?
Prosecutors and law enforcement will try to charge you with the most serious crime they can. Possession charges are damaging, but a possession with intent to sell conviction suddenly turns you into a drug dealer. They must show that you both possessed the drugs and had plans to sell them to others.
What is prescription fraud?
Prescription drugs are highly controlled substances under state and federal law. Possessing any prescription drug that was not prescribed to you by a doctor is against the law. In addition, prescription fraud can involve forging a prescription or altering a valid prescription and doctor shopping for drugs.
Let Me Help You Find Answers To Your Questions
You need legal guidance specific to your situation. If you still have questions about drug charges, please call my office in McKinney at 469-845-9951 or fill out my online form to schedule a free initial consultation.