Carl Ceder understands possession of drugs can be either a misdemeanor a felony in Texas, and it depends on the type or amount of drugs that you are accused of possessing. Usually, if you are just in possession with less than four ounces of marijuana, you will only be charged with a misdemeanor possession charge. However, by contrast, possession of even a small amount of cocaine is considered a felony.
Carl Ceder knows that the Texas laws about drug crimes can be confusing. The Texas Health and Safety Code, who governs the possession law, divides controlled substances into five major penalty groups, with an additional category for marijuana. While some of these substances are legal, it is illegal to possess them without a prescription. The classification of these criminal offenses and punishments range based on the drug charges depends on the penalty group in which the particular controlled substance is included and the amount of controlled substance at issue.
If the police finds drugs in a car or find drugs or narcotics in a residence, it is not unusual for the police to arrest everyone in the car or the residence. However, being in the presence of drugs or narcotic is usually not enough to sustain a conviction in Texas. Carl Ceder knows that in order to gain a conviction in the case, the state must be able to prove the accused was in actual or constructive possession of the drugs/narcotics.
This web site was designed for general information only. The materials and information displayed on this web site is made available to you by The Law Offices of Carl David Ceder, PLLC, for informational purposes and should not be considered legal advice. Persons receiving the information on this website should not use the information provided without first seeking profession legal counsel. Nothing herein is intended to, nor should it be, construed to guarantee or predict an outcome for your legal matter. Every case is different and outcomes will vary depending on the unique facts and legal issues of your case, and can vary given different circumstances.