(TX Controlled Substances Act)
Charge Overview - Drug Possession
Most arrests for drug possession in Williamson County are for Class-B misdemeanor Possession of Marijuana (TX HSC, §481.121) of under two ounces. An equally common charge in the county is Possession of a Dangerous Drug (TX HSC, §483.041), for possession of a prescription drug such as Hydrocodone or Xanax without a doctor's prescription. Other drug possession charges are for felony possession of cocaine, 'mushrooms,' methamphetamine, possession of large amounts of marijuana, or possession with intent to deliver. In all drug cases, "possession" is defined as "actual care, custody, control, or management (TX HSC, §481.002(38)," and generally speaking, someone must "knowingly or intentionally" possess the drug to be guilty.
Under the TX Controlled Substances Act, there are four different 'penalty groups' that drugs are classified under, each of which contains dozens of different drugs (except marijuana). Penalty Group I (TX HSC §481.102) contains more serious drugs like cocaine, morphine, codeine, opium, and methamphetamine, while Penalty Groups II, III, and IV contain less dangerous drugs. In most drug cases, the severity of the charge depends on which penalty group the drug is classified under and the amount of the drug possessed. For example, Possession of Substance in Penalty Group I (TX HSC, §481.115) is a State Jail felony (the lowest level felony) "if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, less than one gram."
Possession of Marijuana
Possession of Marijuana (TX HSC, §481.121) is a very common offense in Williamson County and leads to many first-time arrests. To be guilty of the charge, someone must have "actual care, custody, control, or management" of the drug (TX HSC, §481.002(38) and the amount of marijuana possessed must be at least a "useable quantity." Although the charge is commonly associated with younger offenders (teenagers with no prior arrests), we have represented seniors charged with this offense. Possession of Marijuana is charged as a Class-B misdemeanor if the amount is at least a "useable quantity" but is less than two ounces. The charge is a Class-A misdemeanor if the amount is "four ounces or less but more than two ounces." To be charged as a felony, the amount of marijuana possessed must be more than four ounces.
How We Handle Drug Possession Cases
When we are hired to represent someone charged with drug possession, as with any other type of case, we will navigate our client through the legal process from beginning to end. The first thing we will do is take detailed notes on the facts of the case, focusing on why the client was initially detained by the police and how the police officers found the drugs. We will also order copies of the police report, video tape (if any), and mail copies to our client, after which they are encouraged to schedule an appointment at our office to discuss. If our client believes that something substantive in the police report is incorrect, we will have them provide us with a written affidavit (on a form we provide), that we can then provide to the prosecutor. Based on the facts of the case, we will also discuss any possible legal defenses. We will then provide our client with a list of proactive things that they can do, or documents they can gather, while the case is pending to increase the chances of a dismissal or at least to help minimize the severity of punishment. If the case is not dismissed or reduced to a lesser charge, we will seek to negotiate the best possible plea bargain agreement with the prosecutor and help our client decide whether to accept the prosecutor's best offer or set the case for a trial by judge or jury. A typical Class-A or Class-B misdemeanor drug possession charge, if not dismissed or reduced to a lesser charge, and depending on the facts of the case and the person's prior criminal history, will result in some form of probation and a fine.
The Pre-Trial Intervention Program
The Williamson County Attorney has a special six-month program, called the Pre-Trial Intervention Program, for many first-time offenders charged with a Class-A or Class-B misdemeanor that results in a dismissal of the charge, but you must apply through your attorney within a certain period of time. If accepted, you must pay a $360 fee, perform 40 hours of community service, take some classes, submit to drug testing, and have an ignition interlock installed on your vehicle (required only in DWI cases), after which the charge will be dismissed. Then two years after the date or your arrest you may petition the court for a complete expunction of the charge, a process whereby an arrest and charge are completely removed from your criminal history andall related records are ordered destroyed.
DWI / Drug Court
Defendants who are charged with an alcohol-related or drug-related misdemeanor offense, are admittedly guilty, and are admittedly addicted to drugs or alcohol, may wish to consider Williamson County's DWI / Drug Court as a means to resolve their case. DWI/Drug Court is "a twelve month or longer program that integrates local criminal justice resources, case management, and substance abuse treatment to rehabilitate targeted repeat DWI and misdemeanor drug possession offenders in lieu of incarceration."
Scheduling a Free Consultation and the Process to Hire
To schedule a free initial consultation with us to discuss your case, simply call (512) 635-4368 or click on the 'Contact Us' link to complete a short form that will be emailed to us. There is no fixed time limit for a free consultation, but they generally last less than an hour. At this meeting we will discuss the basic facts of your case, any possible legal defenses, and a basic strategy for handling your case. We can also discuss payment options/plans if you are unable to pay our fee in full. Once you make the decision to hire, you will need to remain at the office for about an hour to complete the necessary paperwork and review several documents that we will provide you. When you leave our office you will have a complete packet of useful information, you will know exactly what the process will be, and you should feel confident in knowing that you have an experienced attorney to navigate you through the process and help you with your case.
The Law Office of Gregory R. Terra
Attorney/Lawyer
501 S. Austin Ave., Suite 1130
Georgetown, TX 78626
(512) 635-4368
(512) 692-2878 (fax)