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Drug-related charges run the gamut from minor possession, which usually leads to a court referral to a drug diversion program, to the very serious indictment of drug manufacturing, which holds the potential for a long imprisonment conviction. Whatever the indictment, representation by a skilled, well-experienced drug possession criminal defense attorney can make a big difference in the result. An excellent criminal defense attorney is often capable of getting minor drug use or possession indictments dismissed outright and sales charges reduced to simple possession, with a chance of dismissal whether a drug diversion program is ordered. For the more serious indictments that carry convictions of imprisonment, a top-rated, well-experienced and skilled criminal defense attorney can often get the judgment of imprisonment waived and a grant of probation/conditional discharge ordered instead of a prison term.
Whether the indictment is manufacturing illegal substances, the attention of an attorney with vast experience in this area of the law is critical. This indictment is too technical and requires a much more comprehensive knowledge of the elements and evidence the prosecution must have to sentence. Our drug charge defense attorneys have had many victories in defeating lab cases by proving that the accused did not possess "precursors" and thus did not have a lab in place.
Our experienced drug possession defense attorneys have knowledge in all aspects of drug-related crimes. They have defended hundreds of clients indicted for simple possession, sales and/or possession for sale, and manufacturing accusations with many excellent outcomes. Their twenty plus years of experience has taught them how to identify the flaws in the prosecution s case, expose police bias in their reports and testimony.
Simple Possession
Simple possession is made illegal under the statute by Health and Safety Code. A violation of this section means that an individual was found with a "controlled substance" in his/her person, usually in a small quantity and with no indicators that there was an intention to sell this substance. As to "Controlled substance" grupo, it involves a wide-range diversity of drugs and chemical substances regulated by statute and the Controlled Substances Act, but here we will involve these substances simply as "drugs."
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Generally speaking, drugs or illegal substances regulated by Health and Safety Code are opiates, opium derivatives, hallucinogens, depressants, cocaine, and salts. Many prescription drugs are included among regulated substances. If any person is found with a regulated prescription drug but no corresponding prescription, it may be a violation of this section.
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When an individual is found to have an illegal substance in his/her person, that is, in a location such a pocket or backpack, or anywhere that the individual can immediately access, it is known as "actual possession." A detention under this section, however, does not require the actual possession of the illegal substance. Whether the drug is found in a place where a person exercises control, in a house for instance, even if that person is not actually "holding," it is still considered possession.
It is common for anyone to get arrested even if he/she did not know the illegal substances were in the location where they were found; for instance, an individual may be detained for drugs his/her housemate kept inside the house. While such an indictment may be defeated by presentation of convincing evidence, an individual who finds him/herself in this predicament should not take on the prosecution will realize it made a mistake. It is always wise, if you believe you are innocent or not, to consult with a skilled drug possession defense attorney as soon as possible.
Sentencing
Good news is that simple possession indictments are eligible for what is commonly called "deferred entry of judgment," which is codified in the Penal Code.
For those not eligible for a deferred entry or a diversion program, simple possession under this section is a misdemeanor punishable by probation or trial period and/or up to one (1) year in prison and up to a $1,000 fine.
Drug Sales or Possession for Sale
When an individual if found to possess drug in an amount considered to be over an amount for personal use and/or several items are also found, such as scales, packaging materials, and pay/owe sheets, the prosecution will nearly always indict "possession for sale." This is true even when the amount of illegal substances found is small but evidence of sales is present or when a user has over the amount the prosecution deems an amount for "typical" personal use.
Possession of drug made illegal under Health and Safety Code aforementioned, become illegal as possession for sale when the prosecution alleges the evidence sets down that the illegal substances were possessed with the intent to sell (PWIS) them. Someone who buys drugs that the prosecution alleges the purchaser intended to sell, will also be indicted under this section.
The law enforcement has a tendency to always take on possession of all but the slightest amount is possession for sale. An excellent defense can expose this bias. Often offender is simply a heavy user who needs help, not an imprisonment. A sentence under this section carries a fairly harsh conviction and is not eligible for a deferred entry of judgment. An experience criminal defense attorney, who has a command of the facts, however, is often able to get this indictment lessened to simple possession and a deferred entry judgment.
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If someone is detained for transporting the illegal substances for sale or for actually selling the drugs, as opposed to just possessing the substances with an alleged intent to sell, the indictments are much more serious. Health and Safety Code makes it illegal to transport, import, or furnish the drugs discussed here, or offer to do any of these acts. Indictments under this section are serious and carry greater potential punishment than simple possession or PWIS. Even so, it is still possible for a skilled criminal defense attorney to request a reduction of these indictments or negotiate for a plea to simple possession with a possibility of a deferred entry of decision.
Drug Charge Criminal Defense Attorney
If you are indicted for simple possession or more serious possession for sale of transport accusations, a lawyer with vast experience defending these charges can have a substantial effect on your result. Our criminal defense attorneys have successfully defended hundreds of clients indicted for drug possession or sales. They invite you to contact them at our Law Firm for a free and confidential consultation concerning your particular case. If you decide to hire them, they will work with you and your family to provide a fee structure that best suits your circumstances.