Austin Drug Charges Lawyer
Drug charges in Austin refer to the intent or actual possession, manufacture, sale, delivery, or trafficking of a wide variety of illegal substances and paraphernalia. The penalties for drug charges depend on the type of drug, amount found, and whether there was an exacerbating circumstance such as an intent to sell or deliver to a minor. A drug charges lawyer will demand the prosecution produce legally-valid evidence the alleged activity took place and that any searches were in fact legal.
Possession of a Controlled Substance
The offenses of possession of a controlled substance and possession of marijuana are some of the more common drug charges in Austin. Controlled substances in Texas are divided into several Penalty Groups with different levels of severity. Within each penalty group, there are ranges of drug weights which carry different legal punishments. Possession of legal prescription drugs can be a crime if the drugs are in your possession but the prescription is not for you. Almost all drug offenses are serious crimes, however. Possessing small amounts of typical "hard drugs" and some prescription drugs is a felony offense in Texas.
Possession of Drug Paraphernalia
Drug paraphernalia is a legal term that refers to accessories used in the process of using, manufacturing, delivering, or selling illegal drugs. Household items such as small baggies or even excess cash or extra cell phones can be deemed drug paraphernalia if an intent to use it as such can be demonstrated in court. Simple possession of paraphernalia is a Class C Misdemeanor and is sometimes a charge to which a more serious charge is reduced. For example, a deal with the prosecution may be struck which effectively reduces a possession of marijuana charge to a possession of drug paraphernalia charge.
Delivery of a Controlled Substance
Another common drug offense is delivery of a controlled substance or marijuana. If you are arrested with a larger quantity of drugs than one person could use, the police or prosecuting attorney may charge you with delivery of a controlled substance. The same can happen if you are found in possession of items commonly used in the sale of narcotics, like a scale, large amount of cash, phones, zip lock baggies or other packaging materials. Police officers do not need to observe you sell illegal drugs to someone in order to arrest and charge you.
Consult an Experienced Drug Charges Attorney
Sue Berkel is a former Travis County prosecutor so she knows which strategies and tactics are used by the prosecution to obtain convictions for drug offenses. Contact us today if you were arrested for a drug charge in Austin and would like a consultation on your case.