Possession of Controlled Substance in Texas

Possession of Dangerous Drugs Defense Lawyer in Tyler, TX | Cheryl A. Wulf, Attorney at Law

Protecting Your Future Against Dangerous Drug Charges

In Texas, being charged with the possession of dangerous drugs can lead to severe consequences, including fines, jail time, and a permanent criminal record. A “dangerous drug” under Texas law is defined as any substance that is not included in Penalty Groups but still requires a prescription and is considered illegal to possess without one. If you’ve been arrested for possession of a dangerous drug, it’s critical to have an experienced attorney who can provide a strong defense. Cheryl A. Wulf, Attorney at Law, offers expert legal representation for individuals facing possession of dangerous drugs charges in Tyler, TX, and the surrounding areas.

What Are Dangerous Drugs in Texas?

A dangerous drug refers to a substance that is not classified as a controlled substance under Texas law but still requires a prescription to be legally possessed. These drugs are often prescription medications and include:

  • Valium
  • Xanax
  • Codeine
  • Steroids
  • Some antibiotics

Possessing these drugs without a valid prescription can lead to criminal charges. The Texas Health and Safety Code outlines that possession of dangerous drugs without a prescription is a Class A misdemeanor, which can carry penalties including:

  • Up to 1 year in jail
  • Fines of up to $4,000
  • Community service and probation

More severe penalties may apply if the drugs were found in large quantities or if there are other aggravating factors, such as intent to distribute.

How Cheryl A. Wulf Defends Possession of Dangerous Drugs Cases

At Cheryl A. Wulf, Attorney at Law, we understand that a drug possession charge can have life-changing consequences. Our firm is committed to providing an aggressive and thorough defense strategy tailored to your case. Here are some of the defense strategies we may employ:

1. Challenging the Legality of the Search and Seizure

Texas law enforcement must follow specific procedures when searching your person, vehicle, or property. If the police violated your Fourth Amendment rights during the search, any evidence obtained (such as the drugs) may be inadmissible in court. We will examine the details of your case to ensure your rights were not violated.

2. Proving Lack of Knowledge

To convict someone of possession of dangerous drugs, the prosecution must prove that the defendant knowingly and intentionally possessed the drug. In some cases, the drugs may belong to someone else, or you may not have been aware that they were in your possession. We will work to demonstrate a lack of knowledge or intent in your case.

3. Prescription Defense

If you have a valid prescription for the dangerous drugs in question, it may be possible to prove that you were lawfully in possession of the medication. We will gather the necessary documentation and work to show that you were acting within the bounds of the law.

4. Challenging the Evidence

Drug possession cases often rely on lab tests to confirm the nature of the substances found. In some cases, errors may occur in the testing process, or the evidence may have been mishandled. We will scrutinize all aspects of the case, including the laboratory testing, to ensure that the evidence is valid and reliable.

Why You Need an Experienced Defense Attorney for Dangerous Drug Charges

Being charged with possession of dangerous drugs can have long-term consequences, including a permanent criminal record that may affect future employment, housing opportunities, and educational prospects. Cheryl A. Wulf is an experienced criminal defense attorney with a deep understanding of Texas drug laws. She provides skilled and compassionate representation, working to minimize the impact of these charges on your life.

Potential Consequences of a Dangerous Drug Conviction

If convicted of possession of dangerous drugs in Texas, you may face a variety of penalties, including:

  • Jail time of up to one year for a Class A misdemeanor
  • Fines up to $4,000
  • Probation, community service, and court-ordered drug counseling
  • A permanent criminal record that can affect job opportunities and future legal issues

The penalties increase for repeat offenders or cases involving larger quantities of drugs. In some cases, charges may be enhanced to felonies, especially if the individual is found with a large amount of the drug or if distribution is suspected.

FAQs About Possession of Dangerous Drugs in Texas

What is the definition of a dangerous drug in Texas?
A dangerous drug is any prescription medication that is not classified under Texas Penalty Groups but requires a prescription for legal possession. Possession of these drugs without a valid prescription can lead to misdemeanor charges.

What should I do if I’m arrested for possession of a dangerous drug?
If you are arrested for possession of dangerous drugs, it’s important to remain silent and contact a criminal defense attorney immediately. Do not admit guilt or provide any statements to law enforcement without legal counsel.

Can dangerous drug charges be dropped or reduced?
Yes, with the help of an experienced defense attorney, charges may be dropped or reduced, depending on the circumstances of your case. Your attorney can challenge the evidence, negotiate with the prosecution, or explore alternative sentencing options.

What if I had a prescription but couldn’t provide it during the arrest?
If you have a valid prescription but were unable to provide it at the time of the arrest, your attorney can present the prescription as part of your defense. This may result in the charges being dismissed.

Contact Cheryl A. Wulf for Possession of Dangerous Drug Defense in Tyler, TX

If you’ve been charged with possession of dangerous drugs in Tyler, Texas, it’s crucial to have a strong defense on your side. Cheryl A. Wulf, Attorney at Law, has extensive experience handling drug possession cases and is dedicated to protecting your rights and securing the best possible outcome for your case.

Call us today at (903) 525-9869 or use 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