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Drug Offenses |
| Texas law prohibits the possession
and/or distribution of controlled substances. There are
“schedules” of what constitutes a controlled
substance. There are the obvious ones such as marijuana,
cocaine, heroin, and others. And there are others that
may not be so obvious to the non-lawyer. |
| Basically in Texas, the drug offenses
can be broken down into three categories: delivery, possession
with intent to deliver, and possession. There are other
offenses that are also considered drug offenses such as
illegal investment, where an individual tries to purchase
a large amount of drugs for the purpose of selling them.
Other related crimes may include conspiracy, engaging
in organized crime, and others. |
| For possession cases the State will generally
have to prove that the substance is what they claim it
to be, that it is a usable quantity, and they must link
the drugs to the defendant. For example, if the drugs
are found in your pocket then they will not have a difficult
time linking the drugs to you. If, however, you borrow
a friends car and you are pulled over for a traffic violation
and they find drugs in the trunk, they will have a more
difficult time linking the drugs to you. |
| While all of this seems relatively simple,
there are other factors that can be involved in a drug
case. For example, the law enforcement agency may have
used a “confidential informant” to gather
information or to make a buy or delivery. Or they may
have searched your home with a search warrant. It is important
to have an attorney who has dealt with these issues to
make sure that your rights are protected. |
| The range of punishment will depend on
many factors. These factors include but are not limited
to they type of drug, the amount, whether it is a delivery
case or a possession case, and the defendant’s criminal
history. |
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