First time offense possession controlled substance texas

First time offender programs are being used more and more in Texas to give people a second chance.

Across Texas, laws are continuing to grow regarding first offender programs to give low-level, non-violent offenders a better chance at getting their lives back on track. At the state and local level, legislators are looking at how a criminal conviction can prevent people from gainful employment and securing housing. The punishment for their crime extends far beyond the sentence handed down from a judge. The criminal defense attorneys at Scott M. Brown & Associates are passionate about the progress Texas is making on these fronts. We provide experienced legal counsel regarding the criminal justice system and make sure our clients are aware of alternate sentencing opportunities and first offender programs.

What are First Offender Programs in Texas?

At the state level, Texas has implemented some truly progressive legislation regarding first offender programs. Most recently, the “Second Chance” bill was signed by Governor Greg Abbott that will allow low-level, first-time offenders of non-violent and non-sexual crimes to seal their records from public view. This means first time DWI/DUI offenders will not have to report this to potential employers helping them secure a job that will allow them to make a living and find a decent place to live. This new law will be changing lives for the better across Texas.

Additionally, Texas has the “First Time Offender Felony Charge Act.” This law pertains to first-time felony drug offenders that have no prior convictions in Texas. It allows the offender to avoid the maximum sentence by complying with alternative sentencing guidelines ordered by the court. By participating in things like counseling and drug rehabilitation programs, a person facing his or her first felony drug charge can avoid the state maximum penalties which is 10 to 99 years in prison and fines totaling upwards of $100,000.

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On a more local level, Texas counties like Harris County, are putting their own first-time offender programs into action. Harris County has instituted a First Chance Intervention Program. Harris County Sheriff’s Office deputies are required to offer first time drug offenders that are found to be in possession of 2 ounces or less of marijuana a chance to participate in the program. The chance to participate is offered at the pre-arrest stage. The program requires the participants to be monitored for either 60 or 90 days depending on the findings of the Harris County Pretrial Services Department intake interview. The interview is meant to evaluate the individual offender and their specific circumstances. The Department is also responsible for monitoring the participant during the 60 or 90-day time period. During that time, the participant cannot break the law in any way and must complete 8 hours of community service or cognitive class. The program costs $100, but this may be waived if the participant proves indigent status. Upon the program completion, the participant’s case will be dismissed. If the participant fails to comply with all program requirements, a warrant for their arrest will be issued.

These programs are not only giving the participants a second chance at a better life, they are working to address the issue of overcrowding in jails and freeing up law enforcement resources so that they can fight more serious crime problems.

If you are facing criminal charges, contact us and know all of your options.

At Scott M. Brown & Associates, we provide sound criminal defense counsel to meet the individual needs of every client. Facing any criminal charge is serious. Know your rights and know your options. Contact us today. We proudly serve Angleton, Pearland, Houston, and Webster.

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While some states are taking steps to reduce the penalties for drug crimes, Texas continues to take these offenses seriously. Drug possession convictions carry significant penalties, including imprisonment, costly fines, and other lasting consequences. Those facing a drug possession charge for the first time often feel overwhelmed and anxious about what to expect from the criminal justice process. However, before your mind jumps to the worst-case scenario, reach out to an experienced criminal defense attorney to discuss your situation and your options for obtaining the most favorable outcome possible. Whether your attorney can have the drug possession charges dropped or reduced, you can trust that they will advocate for your best interests at every turn.

How Texas Handles Drug Possession Offenses

The penalties for drug possession in Texas depend on the classification and quantity of the substance in question. In general, the more addictive the substance and the more of it there is, the more likely the defendant will face harsh penalties. Prosecutors must show that a quantity of a controlled substance was in the defendant’s possession in order to secure a conviction. According to Title 6, Section 481.002 of the Texas Health and Safety Code, “possession” means “care, custody, control, or management.”

Penalties for Drug Possession in Texas

Texas recognizes five “schedules” of controlled substances and four “penalty groups” that are used to determine the penalties for a drug possession conviction. Drugs included in Penalty Group 1 are those known to be the most addictive and dangerous, such as opioids, heroin, cocaine, and methamphetamine. Possessing less than one gram of one of these substances is considered a state jail felony, carrying a jail sentence ranging from six months to two years and a fine of up to $10,000. Larger quantities of a Penalty Group 1 substance carry more substantial consequences. On the other end of the spectrum, possessing less than 28 grams of a Penalty Group 4 substance, like a controlled prescription medication that could be abused, carries a penalty of up to six months in county jail and a fine of up to $2,000.

What About Marijuana?

Although several states have legalized marijuana in recent years, Texas continues to prosecute marijuana possession offenses. Even a small amount of marijuana determined to be in your possession can lead to criminal charges and penalties. Possessing less than two ounces of marijuana can be prosecuted as a Class B misdemeanor offense, leading to possible jail time, fines, and other restrictions.

Defensive Strategies for Alleged Drug Possession Offenses

As with any criminal matter, prosecutors must prove your guilt beyond a reasonable doubt to secure a conviction. For drug possession cases, the state must show that you were knowingly and intentionally in possession of a controlled substance. This means that a police officer testifying that drugs were found in a vehicle may not be sufficient to prove your guilt—especially if there are no fingerprints on the container or other evidence of your “control” over the substance. Your attorney will work hard to establish sufficient doubt that the drugs found in your vehicle or home belonged to you. Without evidence to link you to “knowingly and intentionally” possessing the substance, the case may be dismissed.

Uncovering Rights Violations to Invalidate the Charges

When your criminal defense lawyer assesses your case, they will look at the aspects of your arrest to determine whether law enforcement violated your Constitutional rights in any way. The Constitution prohibits the unlawful search and seizure of your home or vehicle, meaning that officers cannot normally search your home or car without a warrant. Your attorney will look for any possible violations of your rights, working hard to use these failures as grounds for the dismissal of your case.

Keeping Your Future as Bright as Possible

Being arrested for drug possession can be stressful, especially if this is your first brush with the Texas criminal justice system. However, it’s essential to recognize that you do not have to go through this difficult time alone. Reach out to a skilled and experienced criminal defense lawyer as soon as possible to discuss your situation. Be sure to resist the temptation to explain yourself to the arresting officers, as any statements you make will likely be used to build a case against you. Instead, exercise your right to remain silent until you’ve had the opportunity to speak with your attorney. Together, you can explore all of your legal options to determine the most strategic path forward.

If you are facing drug possession charges in Pearland, Brazoria County, or the Houston Area, call the Law Offices of Keith G. Allen, PLLC, right away at (832) 230-0075 to schedule a free consultation with a dedicated criminal defense lawyer.

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