Possession of a Controlled Substance

The vast majority of controlled substance arrests in the State of Texas are felonies, punishable by 180 days in jail and a $10,000 fine, or higher, depending on the substance, the amount, and whether sale or distribution was involved. Rarely do district attorneys seek a jail sentence in possession of controlled substance cases, and frequently first-time offenders will face only a deferred adjudication probation or diversion program and the related fines and community service, with no arrest on their record after completion of their plea agreement and a filing for non-disclosure.

What do you need to know? If you face a diversion program or probation, you will have monthly fees, community service, and you will face regular drug tests. While many elements of your plea agreement are negotiable, the fees and drug tests will be required if you accept probation or a diversionary program. The probation may be administered in another state, if you choose to move to California or Colorado, but the court and probation department is not required to allow you to leave the State of Texas.

Chances are slim that you will get a dismissal on a possession case, no matter how crooked the police were on your arrest. They will often make very specific claims about why they suspected you of having marijuana, and "reading your rights" (per Miranda) has very little impact on the admission of the evidence they collect in most cases. Never say never, but the system is rigged against you once the handcuffs slip on your wrists, and you'll need a quality attorney to achieve the best possible result.

If you have been arrested for a felony, hire an attorney immediately, as you may be able to beat the charges with a grand jury packet prior to indictment. Don't wait until you have a court date, since that's post-indictment and too late! Also, if you have children, hire an attorney with a background in both criminal and family law, since Child Protective Services (CPS) may be called in to safeguard your children. Don't let the city take your kids because you possessed an illegal substance! Hire an attorney!

In nearly all Texas counties you are required to appear at all your felony court settings prior to accepting a plea agreement; however, an attorney may be able to reset cases in advance if you are unable to appear. Once you've been arrested and bonded out, give me a call at (512) 743-1711 or email me at brent@burpeelaw.com and I'll file a Notice of Appearance in your case as quickly as possible. Don't waste your time going to the court house for a bunch of appearances when you can negotiate a plea today! If you accept a plea agreement, my rates are inexpensive and I accept a flat fee with payment plans, if needed.