Drug Possession in Texas

Trusted Dallas Drug Crime Attorney

Have you been charged with drug possession? Possession of a controlled substance is one of the more common drug-related accusations in Texas, and drug statutes provide harsh penalties for anyone convicted. If you've been accused, then the time to seek legal counsel is now. Peter Barrett is a proven and insightful Dallas criminal lawyer that has over a two decades of experience. Over that time, he has helped thousands of clients—including in more than 100 jury trials—have their voice heard before the law in a wide range of criminal matters, including those involving drug crimes.

Ensure that your rights are protected during this uncertain time. Contact our firm at 214.307.8667 today.

Important Drug Possession Factors

Texas' drug possession laws are described in the Health and Safety Code, Chapter 481. Like in many other states, these laws are complex and the severity of the charge depends on numerous factors. These include the kind of substance involved, the quantity it was found in, and the criminal history of the accused. In terms of defending against these accusations, the type of possession cited at the time of the arrest is also important.

The two major types of possession include:

  • Actual possession. This is the easiest kind of possession for the state to prosecute. It involves finding controlled substances on the person of the accused. That means in their hand, in their pocket, in a backpack that they are wearing, etc.
  • Constructive possession. Constructive possession is more difficult for prosecutors to substantiate. This kind of possession means that the drugs were found in a place where it can be reasonably assumed that they were under the control of the accused. So, for example, drugs that are found in the glove compartment of the accused's car, or in their refrigerator, would be considered under constructive possession and can result in a charge.

Defending against these allegations takes incisive insight of our Constitutional rights—especially those against unlawful search and seizure. Attorney Peter Barrett knows how to navigate these cases and secure the best possible outcome on behalf of our clients.

Curious about your defense options? Contact us today to request a free case evaluation.