When you are arrested on a drug charge, the extent of that charge is dependent upon many factors. The type of drug in your possession, how much of that drug you have in your possession, and what you intend to do with the drug all impact the charges that are brought against you and the potential penalties you will face. While most people would like to think possession and intent are clear-cut, that is often not the case. Prosecutors have to make the best calls they can on charges based on the facts they have, which means a simple possession charge can get blown out of proportion.
Drug Charges in Texas
Possession of marijuana remains illegal Texas. Having marijuana in your possession is punishable by up to 180 days in jail and a fine of up to $2,000 at a minimum. The maximum punishment for marijuana possession is up to 99 years and a fine of $50,000, entirely dependent upon the details of your arrest, including how much marijuana you had and if you have ever been arrested before for marijuana possession.
Delivery of marijuana (distribution) has the same low-end sentence, but has stiffer upper penalties, including a fine of up to $100,000.
Possession of controlled substances other than marijuana is punishable by the same low-end penalties for first-time offenses as marijuana possession – up to 180 days in jail and a $2,000 minimum fine. If you have been arrested more than once, though, penalties may increase, with jail sentences up to 99 years and fines up to $250,000.
The manufacture or distribution of controlled substances other than marijuana carries a minimum penalty of 180 days in prison, with a prison term of no more than two years for a first offense. Fines for a first-time arrest for the manufacture or distribution of controlled substances may be up to $10,000. Subsequent arrests may carry sentences up to 99 years in prison, and fines up to $250,000.
Drug Arrest Attorney in Austin
The line between possession and intent to distribute is a thin one in the eyes of the law. When you have been arrested for possession of drugs, it is essential to start mounting your case from the moment of arrest. When you’ve been picked up on a drug charge, you need an attorney with experience defending against drug charges. The attorneys at Stephen Orr & Viktor Olavson have that experience representing individuals in Travis and Williamson Counties.