You may be arrested for Possession of a Controlled Substance if the drug is on your body, or even if the drug is located in a place that is in your control or within your reach (“constructive possession”). For example, you may be arrested if an illegal drug is located in the center console of a car, even if you are a passenger. Possession of a Dangerous Drug is another common charge in Georgetown or Williamson County. This means you have violated the Texas Health and Safety Code by possessing prescription medication that is not yours or is not a current/active prescription.
If you have been arrested for a drug offense, contact my office for a free legal consultation. Drug possession penalties are complicated; there are a large range of possible penalties depending on the amount of the drug, how the drug is classified (i.e. penalty group) and whether you have any prior convictions.
• Conviction of any drug offense results in a 180 day driver’s license suspension.
• If you are a student, your ability to receive federal financial aid may be impaired.
Fighting Drug Cases
Arguably, the most important issue in a drug case is whether the evidence of the drug is admissible against you in court. Evidence illegally obtained is inadmissible in a criminal court and can be suppressed. Some common questions are:
• Did the officer have cause to conduct a traffic stop?
• Was there a search warrant?
• Was the information in the search warrant accurate and current?
• Was the search of you, your car, or your home, legal?
• Did you give consent for the search?
• Were you detained longer than legally necessary?
• If a drug dog was used, was the dog properly trained? Did the dog properly alert to the presence of drugs?
Contact my office for a professional review of your case and the legal defenses that may be available to you.