McKinney, TX Drug Possession Defense Attorneys

Lawyers for Controlled Substance Possession Charges in McKinney, Texas

Law enforcement officials take drug crimes seriously, and they may arrest people in a wide variety of situations involving controlled substances. People may face drug possession charges based on allegations that they possessed illegal substances, even if they were carrying small amounts for personal use and were not putting anyone else at risk. Whether a drug possession charge arises from a traffic stop, a search of someone's home, or a pat-down by a police officer, people in these cases will need to determine what steps to take to defend against a conviction and avoid serious penalties.

At Texas Defense Firm, our attorneys represent clients in McKinney and other surrounding communities who are facing drug possession charges. We can help people understand the specific legal issues that can affect the outcomes of their cases. We will look at what happened during an arrest, what evidence may play a role in a case, and what procedures were followed by law enforcement to identify the best options for defense. With our help, clients can resolve these cases successfully and avoid long-term consequences that may affect their lives.

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Situations That May Lead to Drug Possession Arrests

Any interactions with police officers may place a person at risk of being arrested for drug possession. A traffic stop for a minor violation, such as a broken taillight or failure to signal, could lead to a search of a person's vehicle if an officer believes that drugs may be present. A search conducted during an arrest for other charges could uncover a controlled substance in a person's pockets, a bag, or a vehicle. Drugs may be found when police search a person's home, and any residents could be charged with drug possession, even if they had no knowledge of drugs.

The searches performed by police officers can play an important role in drug possession cases. Officers are not allowed to perform searches unless they have consent from a person, obtain a search warrant, or have probable cause to believe that a crime has occurred. If officers conduct illegal searches, any drugs they find may be excluded from a criminal case. Our lawyers can help clients understand how to address the searches that were performed in drug possession cases, and we can take steps to suppress any evidence obtained through unconstitutional searches.

Actual Possession vs. Constructive Possession

The specific charges that may apply in a drug possession case may be related to whether a person intentionally possessed controlled substances. A person may be accused of actual possession if a controlled substance was found on their person, such as in their pocket or purse. However, possession charges may also apply if a person knew about drugs on their property.

A person may be accused of constructive possession if drugs were found on property they owned or controlled, such as their vehicle or home. Prosecutors will typically need to prove that a person had knowledge of a drug and the ability to control it. Simply being present in a location where drugs were found may not be enough to establish possession. A person may be able to defend against drug possession charges by arguing that they had no knowledge of drugs that were possessed by someone else who lived in the same home or used their property.

When Drug Possession Charges May Escalate to Possession With Intent to Distribute

A straightforward drug possession charge can become more serious if a person is accused of being involved in the delivery, distribution, or sale of a controlled substance. When a person is accused of possession with intent to distribute, they may face more serious charges related to drug trafficking. These charges may be based on the quantity of a substance that a person allegedly possessed or other evidence, such as packaging materials or scales.

Types of Substances That Can Lead to Drug Possession Charges

The Texas Controlled Substances Act lists several penalty groups that may determine the severity of the charges a person may face when they are accused of drug possession. The drugs in these penalty groups include:

• Penalty Group 1: Since this group includes substances that are considered to be dangerous, such as cocaine, heroin, methamphetamine, and certain prescription opioids, severe penalties may apply for drug possession.
• Penalty Group 2: Substances such as synthetic cannabinoids and certain hallucinogens are included in this group, and the penalties may be less serious than for Penalty Group 1.
• Penalty Group 3: Many prescription medications with accepted medical uses are included in this group, but because substances have the potential for abuse, possession without authorization can lead to criminal charges.
• Penalty Group 4: This group includes compounds that contain small quantities of narcotic substances. The charges for possession may be less serious, but people may still face fines, jail time, and other penalties.
• Marijuana: Even though cannabis and THC are classified separately from other types of drugs, possession can still lead to criminal charges.

Defenses Against Drug Possession Charges

Our attorneys can provide guidance on the steps that may be taken to defend against charges of drug possession. Our strategies may include:

• Challenging Unconstitutional Searches: We will look at whether officers had a valid legal basis for a traffic stop, search, or seizure that led to the discovery of a substance. We may work to have evidence suppressed and have drug possession charges dismissed.
• Disputing Knowledge of the Substance: We may argue that a person did not know about the presence of a substance. This may be an option in cases where drugs were found in shared vehicles or shared living spaces.
• Questioning Laboratory Testing: The drugs seized by law enforcement will be tested in labs to identify them and determine what charges may apply. Our lawyers can review the chain of custody of evidence and the testing methods used, highlighting any errors that may be used to challenge evidence.

Contact Our McKinney Drug Possession Lawyers

Drug possession charges can lead to serious consequences, but legal representation can help a person defend against a conviction. At Texas Defense Firm, our lawyers can help clients understand their options in these cases, and we will advocate for their rights while working to secure the best possible results. Contact our McKinney, TX drug possession attorneys at 972-369-0577 to arrange a free consultation.