Frisco Drug Possession Attorney

Drug Crimes Defense Attorney For Possession Charges in Collin County, Texas

There is little question that our country is in the midst of a radical shift in attitudes regarding the enforcement of drug laws. In fact, as reforms spread throughout the United States, you might be starting to wonder if being caught with drugs is even that big of a deal. You might assume that as long as you are not cooking meth or selling drugs to children, you are not in any real danger of serious criminal penalties. Unfortunately, you would be very wrong, especially if you are in Texas.

Drug laws in the state of Texas continue to be among the strictest in the nation. This means that if you have been arrested and charged with possessing a controlled substance, it is extremely important to put an experienced criminal defense attorney on your side. At the Law Offices of Biederman & Burleson P.L.L.C., our lawyers have more than 27 years of combined criminal law experience, and we know how to handle Texas drug possession cases. With our client-focused, team-based approach, we have secured favorable outcomes for many defendants facing drug possession charges, and we are ready to go to work for you.

Drug Possession Counsel in McKinney and Plano

If you are found by a police officer to have an illegal or controlled substance in your possession, you could be arrested for drug possession. The drug could be found on your person, which means that it was in your pocket or in a bag that you were carrying, or it could be found in your home or vehicle. Drug possession charges can vary in severity based on the type of drug in question and how much was found. Your previous criminal history is also a consideration in determining the level of charges that will be filed, as well as the associated penalties.

Marijuana and THC Extracts

In recent years, there has been a great deal of focus on state laws that address the possession and use of marijuana—both for medical and recreational purposes. Many states have some type of medical cannabis program in place, and an ever-growing number of states have elected to legalize recreational use of the drug. While Texas does have a medical marijuana program, it is extremely limited. In general, possession of marijuana in the state is still a crime. The possession of under four ounces of marijuana is usually a misdemeanor while greater quantities will result in more severe charges.

Cannabis extracts, however, are a different story. Vaporizer pens (vapes), oils, edibles, and other products that contain concentrated THC—the component of marijuana that produces the "high"—are handled differently under Texas law than marijuana "buds" are. If you are found to be in possession of any product that contains THC concentrates, it is always a felony—even for a tiny amount.

Possession of Other Drugs

Texas law categorizes illegal drugs into several different "penalty groups," similar to the drug "schedules" maintained by the federal government. The most dangerous drugs are generally classified under Penalty Group 1, including cocaine, heroin, methamphetamine, and many opioids. Penalty Group 2 includes drugs such as MDMA (ecstasy), DMT, mescaline, and synthetic THC. THC concentrates are also listed under Penalty Group 2. Simple possession of less than one gram of a substance in Penalty Groups 1 or 2 is a state jail felony, punishable by up to two years in a state jail facility.

Experienced Attorneys Who Understand the Law

"Jeremy" was pulled over for speeding and was arrested on an outstanding warrant for an unpaid traffic ticket. The police "inventoried" his car before it was towed and found a backpack that contacted less than one gram of cocaine. As the sole occupant of the vehicle at the time of the stop, Jeremy was charged with a state jail felony for drug possession.

At trial, the State argued that because Jeremy was the only person in the car, he was the only person who possessed the drugs. Under Texas law, however, a drug possession conviction is only appropriate if the defendant knowingly or intentionally possessed an illegal substance.

During cross-examination, the attorneys from the Law Offices of Biederman & Burleson P.L.L.C. created reasonable doubt regarding whether Jeremy knew about the cocaine in the backpack. The State was not able to prove that Jeremy was the only person to handle the backpack. Therefore, there was insufficient proof that Jeremy knowingly or intentionally possessed the drugs. The Jury returned a NOT GUILTY verdict.

Call 469-333-3333 Today

If you or someone you love has been arrested for drug possession, contact our office. Call 469-333-3333 to schedule a free consultation and case review with a skilled member of our team today. We serve clients in Collin County, Denton County, Dallas County, and the surrounding areas.