Possession
of a Controlled Substance
Drug Cases (Possession)
Cases under the Controlled Substance Act can range from a simple Class C Misdemeanor to a 1st degree felony. The drug type and the amount determines the type of charge and penalty. But the most important question is whether the State can prove you had possession. About 99% of the time, such a case will be argued about whether you had actual possession, which in many cases is harder to prove than one might think. Rarely is a case argued on whether the substance was an actual controlled substance since it can be determined by a simple lab.
To prove Possession, the STATE must prove that you had CARE, or CUSTODY, or CONTROLL of the illegal substance. Simply finding it in the trunk of the car, glove compartment, or house closet is not enough. Questions must be asked, for example do you own the car or do you share it with someone else, or do you live at home or with a roommate. Thus, having an attorney who knows the right questions to ask is what's important to you. If you have been charged with a custody case, please give us a call so we can consult you
Protect your rights
If you have been charged with possession of a controlled substance in Houston, Texas, here are some steps you can take to protect your rights and defend yourself:
1
Hire an experienced criminal defense attorney: A skilled attorney can help you understand your rights, explain the charges against you, and develop a strong defense strategy.
2
Stay calm and avoid making any statements: It is important to remain calm and avoid making any statements to law enforcement officers or others that could be incriminating.
3
Collect and preserve evidence: If you have any evidence that supports your defense, such as prescriptions or medical records, make sure to collect and preserve it.
4
Follow the conditions of your release: If you have been released on bail or on your own recognizance, make sure you follow all conditions of your release, such as staying away from illegal substances and attending all court appearances.
5
Be honest with your attorney: It is important to be honest and open with your attorney about the facts of the case. This will help them build a strong defense strategy and protect your rights.
6
Attend all court hearings: Make sure to attend all court hearings and be on time. Failure to appear can result in additional charges and penalties.
Remember, possession of a controlled substance charge is a serious matter, and it is important to take the charges against you seriously. With the help of an experienced attorney, you can protect your rights and defend yourself against the charges. Complete our contact form below to schedule a consultation today.