Collin County Psychedelic Mushroom Possession Attorneys
Contact the Collin County mushroom crime lawyers at Rosenthal Kalabus & Therrian today if you were arrested for psychedelic mushroom drug possession. Here at Rosenthal Kalabus & Therrian, we have extensive experience defending illegal mushroom possession charges. Our attorneys deeply understand the relationship between controlled substances and the laws regarding drug offenses.
You need a knowledgeable psychedelic mushroom possession attorney as soon as possible because Texas has some of the most serious penalties in the country for drug possession. Texas classifies mushrooms, also known as psilocybin, under Penalty Group 2. That carries a minimum sentence of up to two years in jail and a fine of up to $10,000 for possession.
However, the penalties for drug possession cases depend on various factors. Jail time and fines depend on possession quantity. How the drug was stored. Whether you had any other paraphernalia and whether you have past convictions.
As the only law firm in Collin County with two Board Certified Criminal Law lawyers, you can be confident that the attorneys at Rosenthal Kalabus & Therrian have a proven record of successful drug possession defense.
We will fight with you to ensure your rights are protected and you get the best possible outcome for your case. If you were arrested for psychedelic mushroom drug possession in Collin County, call us today at (972) 369-0577 for a free and confidential consultation.
Why You Need a Lawyer
Although Texas has notoriously harsh drug possession laws, many possible defenses to a mushroom possession charge exist. The Fourth Amendment, for example, is often a key component in a drug possession defense since it protects individuals from unlawful search and seizure.
Under the Fourth Amendment, if a law enforcement official discovered the drugs after an unlawful search, then the drugs cannot be used as evidence in the trial. That’s why a lawyer who understands the Fourth Amendment and the intricacies of the law can better defend you in court than you can defend yourself.
If you go to trial with an inexperienced lawyer – or without a lawyer – you may end up incriminating yourself and receive a more severe penalty. In a state where you can go to jail for psychedelic mushroom possession, it’s not worth taking that risk.
Our legal team at Rosenthal Kalabus & Therrian understands the depth of Texas laws regarding drug possession. We have a proven track record of successfully defending psychedelic mushroom possession charges.
That means we can help you fight for the best possible outcome, whether winning your case or securing a more favorable plea bargain. We’re ready to fight by your side, so call us now at (972) 369-0577 for a free and confidential consultation about your case.
Why Choose Us?
As Collin County’s largest criminal defense law firm, Rosenthal Kalabus & Therrian has a top-notch criminal defense team. Founding partner Jeremy Rosenthal has won numerous cases and has several awards to prove it. He was named to Texas Super Lawyers in 2019, a prestigious award that goes to fewer than 5% of lawyers in the state.
Other experienced and award-winning members of our team include attorneys like Bo Kalabus. Mr. Kalabus has nearly two decades of experience with various drug possession cases, from misdemeanor charges to high-profile felony cases. Not only was Mr. Kalabus named a Top 100 Trial Lawyer by the National Trial Lawyer Association, but he also has an incredible 10/10 Superb AVVO rating.
If you’d like to work with a professional, fair, and experienced legal team with a demonstrated history of winning drug possession cases, call Collin County’s largest criminal defense firm today at (972) 369-0577 for a consultation. We pick up the phone 24/7, no matter what time you call.
Types of Psychedelic Mushroom Possession Cases We Handle
In Texas, psychedelic mushroom possession charges fall under four different penalty groups. Penalties for psychedelic mushroom possession, which fall under Penalty Group 2 (Hallucinogenic Substances), range from 180 days in jail to life imprisonment. Your sentence will depend on how much you possessed during the arrest. The penalties and possession amounts are classified as follows:
- Less than one gram: Possessing any quantity of psychedelic mushrooms (psilocybin) is a state felony punishable by 180 days to two years imprisonment and/or up to a $10,000 fine.
- One to four grams: Possessing one to four grams of psilocybin is a felony punishable by two to 10 years imprisonment and/or up to a $10,000 fine.
- Four to 400 grams: Possessing four to 400 grams of psilocybin is a felony punishable by two to 20 years imprisonment and/or up to a $10,000 fine.
- More than 400 grams: Possessing more than 400 grams of psilocybin is a felony punishable by five years to life imprisonment and/or up to a $50,000 fine.
Again, possessing any quantity of psychedelic mushrooms is a crime and can lead to years of imprisonment. Suppose you had a significant quantity of psychedelic mushrooms in your possession. In that case, prosecutors may try to argue that you intended to sell. That may lead to more severe penalties. In any case, it is important to work with a knowledgeable psychedelic mushroom possession attorney who can work to secure the most favorable outcome.
Common Psychedelic Mushroom Possession Defenses
Possessing any amount of a controlled substance, such as psychedelic mushrooms, is a significant crime in Texas. But you are not alone. An experienced psychedelic mushroom possession lawyer can work with you to build a strong defense to win a not-guilty verdict or to secure a better plea deal.
Common defenses for psychedelic mushroom possession include:
The Fourth Amendment
The Fourth Amendment prohibits unlawful search and seizure. That means that if a police officer searches you or your belongings without a warrant and adequate reason, the evidence is inadmissible and cannot be used against you. If, for example, an officer pulls you over for speeding and then searches your trunk, the officer would violate the Fourth Amendment. Any evidence they found can’t be introduced in the court trial.
This may be considered entrapment if a law enforcement official persuades or coerces you into committing a crime. For example, suppose an undercover officer pressures you into selling them or carrying a stash of drugs. In that case, an attorney may defend you by arguing that you were coerced and therefore entrapped.
The drugs were not yours
While it may be difficult to prove, one possible defense is arguing that the drugs were planted. Or that they were not yours, to begin with. For example, if the police find drugs in your house, but they belong to your roommate, you may be able to argue that you were not in actual possession of the drugs.
Crime lab analysis
Even if the police find a baggy with a substance that looks like psychedelic mushrooms, it is up to the prosecution to test and prove that it is. That means that they will have to send this substance to a lab.
Sometimes case evidence is lost in transit. If the evidence is missing or lost, the prosecution may be unable to use it in a trial.
Drug offenses in Texas have grim consequences and can lead to jail time. Regardless of your case’s details, contact a psychedelic mushroom possession attorney today at (972) 369-0577 to get a consultation about your case.
Frequently Asked Questions
What is the difference between actual and constructive possession?
To charge someone for psychedelic mushroom possession, the prosecution has to prove that you knowingly and intentionally possessed an illegal drug.
There are two types of possession, however. If the police find you with psychedelic mushrooms in your pocket, this is an example of actual possession. In this case, you had drugs on your person. In contrast, constructive possession means that even though law enforcement did not find the drugs physically on you. But they were still in a place you could access (e.g., your car’s trunk).
Constructive possession charges are generally easier to defend since you may be able to argue that the drugs were not yours.
What are the differences between psychedelic mushroom distribution, trafficking, and possession charges?
If you are charged with distributing psychedelic mushrooms, you are accused of delivering or selling this illegal substance.
You may be charged for trafficking rather than distribution when you possess many psychedelic mushrooms or have previous drug-related convictions.
Finally, you may be charged for possession because you have the psychedelic mushrooms. This is true regardless of the quantity or whether you intend to sell them.
Will I be expelled from college for a psychedelic mushroom conviction?
Illegal drug charges are serious and can have long-lasting implications. While public opinion is softening on drugs like psychedelic mushrooms, students are often expelled for drug-related convictions. Moreover, even if you are not expelled, you may lose eligibility for federal financial aid.
If you or someone you love was arrested for psychedelic mushroom possession, contact us now for a consultation. At Rosenthal Kalabus & Therrian, we bring years of criminal defense experience to the table. We want nothing more than to ensure you or your loved one receive the best legal outcome possible. Call us day or night at (972) 369-0577 or online.