Possession of Controlled Substance in Texas

Possession of Controlled Substances (PCS) Defense Lawyer in Tyler, TX | Cheryl A. Wulf, Attorney at Law

Protect Your Rights Against Serious Drug Charges

If you’ve been arrested for Possession of Controlled Substances (PCS) in Texas, you’re facing potentially severe penalties, including jail time, fines, and a permanent criminal record. Texas classifies controlled substances into penalty groups, and the consequences of a conviction vary depending on the type and amount of the drug involved. At Cheryl A. Wulf, Attorney at Law, we provide experienced and aggressive defense for individuals accused of possessing controlled substances in Tyler, TX, and the surrounding areas. Our goal is to protect your rights and work toward the best possible outcome in your case.

Texas Drug Possession Laws: What You Need to Know

In Texas, controlled substances are categorized into Penalty Groups, with drugs like cocaine, methamphetamine, and heroin falling into Penalty Group 1, and others like Xanax or Adderall in lower groups. The severity of your penalties depends on the penalty group of the substance and the amount you were caught with. Common charges include:

  • Possession of Penalty Group 1 Substances: Includes drugs like heroin, cocaine, methamphetamine, and LSD. Possession of any amount is a felony.
  • Possession of Penalty Group 2 Substances: Includes substances like ecstasy (MDMA) and THC concentrates (oils, edibles, vape pens). Penalties for small amounts can range from misdemeanors to felonies.
  • Possession of Penalty Group 3 Substances: Prescription drugs like Valium, Xanax, or Ritalin. Possession of these substances without a prescription can lead to serious misdemeanor or felony charges.

A conviction for PCS can result in a wide range of penalties, including:

  • Fines up to $10,000 or more
  • Prison time from 180 days to 99 years, depending on the quantity and type of substance
  • Driver’s license suspension
  • A permanent criminal record that affects employment, housing, and educational opportunities

How Cheryl A. Wulf Defends Possession of Controlled Substances (PCS) Charges

At Cheryl A. Wulf, Attorney at Law, we understand that drug possession charges can carry life-altering consequences. That’s why we take a thorough and aggressive approach to defending PCS cases, focusing on reducing or dismissing charges whenever possible. Our defense strategies often include:

1. Challenging the Legality of the Search and Seizure

If the police violated your constitutional rights during the search or arrest, any evidence obtained (such as drugs found in your possession) may be suppressed, potentially leading to a dismissal of the charges. We review all details of your arrest to determine whether your rights were violated.

2. Disputing Ownership or Knowledge of the Drugs

In many PCS cases, the defendant may not have known the drugs were present or may not have been in actual possession of the substances. We carefully examine whether the prosecution can prove that you knowingly possessed the controlled substance.

3. Analyzing the Substance in Question

The prosecution must prove that the substance in question is, in fact, a controlled substance. This often involves laboratory testing. If there were errors in the lab process or mishandling of evidence, we may challenge the validity of the results.

4. Negotiating for Lesser Charges or Alternative Sentencing

In some cases, it may be possible to negotiate for reduced charges or alternative sentencing options, such as drug rehabilitation programs, probation, or deferred adjudication. We work to minimize the impact of a PCS charge on your life.

Why You Need an Experienced PCS Defense Lawyer

Being charged with possession of a controlled substance in Texas can have devastating consequences, but an experienced defense lawyer can make all the difference. Cheryl A. Wulf has extensive experience in criminal defense and a deep understanding of Texas drug laws. She is committed to fighting for the best possible outcome in each case, whether that means securing a dismissal, negotiating a favorable plea deal, or taking the case to trial.

Penalty Groups and Potential Penalties

Here is a brief overview of the penalty groups and associated penalties:

  • Penalty Group 1 (Cocaine, Heroin, Methamphetamine):
    • Less than 1 gram: State jail felony (180 days to 2 years)
    • 1-4 grams: 3rd-degree felony (2-10 years in prison)
  • Penalty Group 2 (THC Concentrates, MDMA):
    • Less than 1 gram: State jail felony
    • 1-4 grams: 3rd-degree felony
  • Penalty Group 3 (Prescription Drugs):
    • Less than 28 grams: Class A misdemeanor (up to 1 year in jail)

FAQs About Possession of Controlled Substances in Texas

What happens if I’m convicted of PCS?
A conviction for possession of controlled substances can lead to serious consequences, including prison time, fines, and a permanent criminal record. The severity of the penalties depends on the type of drug and the amount in your possession.

Can PCS charges be dropped?
Yes, with the help of an experienced defense attorney, it is possible to have PCS charges reduced or even dismissed. This can happen if the evidence is weak, if your rights were violated during the search, or through successful plea negotiations.

What should I do if I’m arrested for possession of a controlled substance?
If you are arrested, do not speak to the police without an attorney present. Contact a criminal defense lawyer immediately to begin building your defense and protecting your rights.

Contact Cheryl A. Wulf for a Strong PCS Defense

If you’ve been charged with Possession of Controlled Substances in Tyler, Texas, don’t wait to seek legal representation. At Cheryl A. Wulf, Attorney at Law, we provide aggressive defense strategies to fight drug possession charges and protect your future.

Call us today at (903) 525-9869 or fill out our online contact form to schedule a free consultation.

Cheryl A. Wulf, Attorney at Law
11702 Hwy 64 E, Tyler, TX 75707
Phone: (903) 525-9869
Fax: (866) 824-4469