Unlawful possession of a controlled substance is a complex area of the law, but conviction for this crime can come with severe penalties that can include prison time, fines, and loss of property. Chris Abel has a proven history of successfully defending his clients against allegations of unlawful possession, overzealous prosecutions, and arrests.
All states control the possession of controlled substances, and Texas dictates its rules through the Texas Controlled Substances Act. Unlawful possession of a controlled substance is defined as actual care, control, custody, or management of the drugs in question. Simply being in the same room as a controlled substance, even if you know that it is present, is not enough to charge you with possession.
The penalties for unlawful possession of a controlled substance vary depending on the penalty group of the drug, the quantity, and whether you have a prior criminal history. Under the Texas Health and Safety Code, the penalties for unlawful possession can include:
Penalty Group 4
The penalties increase according to the penalty group and amount, and at the highest level punishment can include:
Penalty Group 1
In addition, conviction for unlawful possession of a controlled substance can result in your driver’s license being suspended for six months. The police also have the right to seize any property like your car, boat, or home that they claim was used in the commission of a drug crime.
The Substance Abuse Felony Punishment Program (SAFP) is an intense treatment program for probation or parolees that need treatment for substance abuse. The program can last up to 12 months depending on the rate of recovery. It involves an initial stage in prison where the person goes through orientation, treatment, and relapse prevention. The next step involves a stay at a transitional treatment center, followed by outpatient treatment.
Even a simple possession charge can come with serious penalties that can permanently affect your personal and professional life. If you or a loved one has been charged with the unlawful possession of a controlled substance in Denton County or the Tarrant County area, let Chris Abel defend you against overzealous prosecution of this crime. Call or contact us today to schedule an initial consultation.