What are the Potential Consequences of a Drug Possession Charge in TX?
Court supervision and social bias are the most common consequences of drug possession convictions.
Simple possession is, by far, the most common drug crime in Texas. Over 85% of drug crimes are possession cases. Drug convictions have significant direct and collateral consequences. These consequences only apply if the state produces the substance in court, proves it was illegal at the time, and proves criminal possession beyond a reasonable doubt. More on these things below.
A Ft Worth criminal defense lawyer reduces or eliminates these consequences. But only a few lawyers possess the necessary tools. Sometimes, a court-appointed lawyer or public defender is a top-flight lawyer and an effective advocate. But it’s hit or miss, and defendants have no control over who the judge assigns to the case. So, a partnership with a private Ft Worth criminal defense lawyer is usually the best way to go in these cases.
Proving Drug Possession in Court
The direct and collateral consequences of drug possession only apply if the state proves this offense beyond any reasonable doubt. We mentioned the three basic elements of drug possession above. Now, let’s break them down a little further.
Physical evidence, such as drugs, is inadmissible in court unless officers had a valid search warrant or a narrow search warrant exception applied. Officers usually don’t have search warrants in drug possession cases. Everything happens too fast. So, a search warrant exception must apply. Common ones include:
- Owner Consent: An owner or apparent owner (e.g., a roommate who is not on the lease) may give voluntary consent to search a house, backpack, or any other property. Officers can bully defendants to an extent, but at some point, they cross a line.
- Plain View: If an officer is lawfully in a certain place and sees contraband in plain view, the officer may seize that evidence without a warrant. The plain view exception often hinges on the legality of the stop.
- Exigent Circumstances: If officers reasonably believe someone is in trouble, they may enter premises without a warrant and seize any contraband they see in plain view. Exigent circumstances intrusions are limited to security sweeps only.
Usually, the state needs scientific proof to establish illegality. Marijuana is a good example. Marijuana, (which is illegal) and hemp, (which is legal) are physically identical in every way. Only a THC content test determines the difference.
Finally, in criminal court, possessing drugs is more than “having” drugs. Prosecutors must also prove actual knowledge and exclusive control.
Direct and Collateral Consequences
Court supervision is the most common direct consequence of drug possession in Texas. Social bias is the most common indirect effect.
A drug possession conviction usually means a minimum of six months’ probation. During this time, defendants must comply with restrictive conditions, such as reporting to a supervision officer, avoiding further trouble with the law, and submitting to drug treatment.
In terms of social consequences, many people now believe that drug possession is a health and safety issue, not a criminal law issue. Nevertheless, many people cling to the “pothead” stereotype. This stereotype often has employment and other effects.
Connect With a Hard-Hitting Tarrant County Attorney
Drug possession is no minor matter. For a confidential consultation with an experienced criminal defense lawyer in Ft Worth, contact the Law Office of Kyle Whitaker by calling 817-332-7703 or going online now. Virtual, home, and jail visits are available.