As a criminal defense lawyer operating in Angleton and Brazoria County, TX, I’ve noticed that many of my clients have lots of anxiety after bonding out of jail following a criminal charge. This is especially true for people charged in relation to certain controlled substances.
If you’re facing criminal charges in Brazoria County for possession of a controlled substance, don’t panic. Knowing the law and affirming your rights can make all the difference in these cases.
If you have questions or need to talk with a criminal defense attorney that can help you fight your possession charges effectively, contact our offices today. We can be reached at 979-265-6800 for our clients in Angleton or at 713-524-6656 for our clients in Houston. Attorney Sandra Oballe usually answers the line.
Understanding Texas Drug Laws
First off, let’s review the fundamental aspects of Texas drug laws. Under the Texas Controlled Substances Act, controlled substances are grouped into Drug Penalty Groups like PG1, PG2, PG3, and PG4. These categories are based on the drug’s potential for abuse and its accepted medical use. Each group carries different criminal penalties.
Penalty Group 1
For instance, Penalty Group 1 or PG1 includes substances like cocaine, heroin, and methamphetamine. If you’re caught possessing less than a gram of these substances, the offense is classified as a state jail felony.
State Jail Felony offenses carry potential penalties of 180 days to two years in jail and a fine not exceeding $10,000. As the quantity increases, so does the severity of the classification of the offense and criminal penalties following a conviction.
Penalty Group 1A
Penalty Group 1A primarily includes drugs like LSD. If convicted of the offense, the penalties are as follows;
Less than 20 units: State jail felony, with penalties of 180 days to 2 years in jail, and a fine up to $10,000.
- 20 to 80 units: Third-degree felony, with penalties of 2 to 10 years in prison, and a fine up to $10,000.
- 80 to 4,000 units: Second-degree felony, with penalties of 2 to 20 years in prison, and a fine up to $10,000.
- 4,000 to 8,000 units: First-degree felony, with penalties of 5 to 99 years in prison, and a fine up to $10,000.
- More than 8,000 units: Enhanced first-degree felony, with penalties of 15 to 99 years in prison, and a fine up to $250,000.
Penalty Group 2
Penalty Group 2 or PG2 includes substances like ecstasy, PCP, and mescaline. If convicted of the offense, the penalties are as follows;
- Less than 1 gram: State jail felony, with penalties of 180 days to 2 years in jail, and a fine up to $10,000.
- 1 to 4 grams: Third-degree felony, with penalties of 2 to 10 years in prison, and a fine up to $10,000.
- 4 to 400 grams: Second-degree felony, with penalties of 2 to 20 years in prison, and a fine up to $10,000.
- More than 400 grams: First-degree felony, with penalties of 5 to 99 years in prison, and a fine up to $50,000.
Penalty Group 2A
Penalty Group 2A or PG 2A includes synthetic cannabinoids. If convicted of the offense, the penalties are as follows;
Less than 2 ounces: Class B misdemeanor, with penalties of up to 180 days in jail, and a fine up to $2,000.
- 2 to 4 ounces: Class A misdemeanor, with penalties of up to 1 year in jail, and a fine up to $4,000.
- 4 ounces to 5 pounds: State jail felony, with penalties of 180 days to 2 years in jail, and a fine up to $10,000.
- 5 to 50 pounds: Third-degree felony, with penalties of 2 to 10 years in prison, and a fine up to $10,000.
- 50 to 2,000 pounds: Second-degree felony, with penalties of 2 to 20 years in prison, and a fine up to $10,000.
- More than 2,000 pounds: First-degree felony, with penalties of 5 to 99 years in prison, and a fine up to $50,000.
Penalty Group 3
Penalty Group 3 or PG3 includes substances like Valium, Xanax, and Ritalin. If convicted of the offense, the penalties are as follows;
Less than 28 grams: Class A misdemeanor, with penalties of up to 1 year in jail, and a fine up to $4,000.
- 28 to 200 grams: Third-degree felony, with penalties of 2 to 10 years in prison, and a fine up to $10,000.
- 200 to 400 grams: Second-degree felony, with penalties of 2 to 20 years in prison, and a fine up to $10,000.
- More than 400 grams: First-degree felony, with penalties of 5 to 99 years in prison, and a fine up to $50,000.
Penalty Group 4
Penalty Group 4 or PG4 includes substances such as compounds containing Dionine, Motofen, Buprenorphine or Butorphanol or different narcotics. The penalties for possession are the same as Penalty Group 3.
The Law Office of Sandra J. Oballe is available by phone should you have any questions about your case or the information on this page. If you’re seeking legal representation for possession of a controlled substance or manufacture & delivery of a controlled substance, contact our law office for help. We can be reached at 979-265-6800 or 713-524-6656.
Texas Rules of Evidence and Your Case
The Texas Rules of Evidence govern what information can be presented in court. In some cases, some of all of the evidence police gather can be used against you. If evidence is unlawfully obtained or irrelevant to the case, it may be excluded.
If certain evidence is thrown out, it can be a great help for getting your drug charges dismissed.
Sandra Oballe, an experienced attorney, can scrutinize the evidence and the manner of its acquisition. For example, if law enforcement violated your Fourth Amendment rights it could be the cornerstone of our defense strategy. This right, as guaranteed by the Constitution of the United States, protects you from unreasonable searches and seizures.
If police or federal agents violated your rights when gathering evidence, the illegally obtained evidence could be suppressed. If this occurs, it can weaken the prosecution’s case which could result in the dismissal of all charges.
Building a Strong Defense
You’re innocent until proven guilty. A criminal charge is not a conviction. Building a robust defense strategy for your situation is where our law firm shines best.
One defense strategy we use is to challenge the possession.
Under Texas law, prosecutors must prove that you knowingly and intentionally possessed the controlled substance to get a conviction. In some cases, this can be quite difficult to establish in situations where the drug was found in a shared space.
Another route is questioning the nature of the controlled substance.
The District Attorney’s Office must prove beyond a reasonable doubt that the substance in question is a controlled substance as classified under the Texas Penal Code.
We’ve even worked on some cases where we challenged the procedures used in testing the substance and the credibility of the laboratory involved. If the situation presents itself, we’ll incorporate this strategy to defend our clients.
The Plea Bargain
In cases where the evidence is overwhelming, a plea agreement may the best strategic option available to us.
Plea deals give us an opportunity to negotiate with the state to reduce your charge or penalties in exchange for a guilty plea. This option can mean a lighter sentence and can keep you out of jail with a probation agreement.
Whether to consider a plea deal can be a complex decision that requires weighing the strength of the state’s case against the potential consequences of losing at trial. If you’re in a situation like this, counsel from an experienced Brazoria criminal defense lawyer can be indispensable.
Drug Diversion Programs
Brazoria County & Harris County have some form of drug diversion programs.
Drug diversion programs are great alternatives to traditional criminal justice procedures. These programs focus on rehabilitation rather than punishment, helping individuals with substance abuse issues get the help they need. Successful completion of such a program can lead to the dismissal of your charges.
In Harris County, there’s a diversion program for first-time possession of marijuana offenders. Brazoria County has the S.T.E.P. (Sobriety Through Education & Participation) Drug Court program. For more information on other programs or to learn more about how the programs may work for you, contact us.
Expunging or Sealing Criminal Records
Texas law also provides for the expunction of certain drug possession charges from your record under specific circumstances. This means the charges are removed entirely from your criminal record. This option can be a lifeline for people concerned about the long-term impact of a drug charge on their future potential.
The Law Office of Sandra J. Oballe
Experienced Criminal Defense Attorneys
If you have an upcoming court date for a felony drug possession case, it can be a nerve-racking experience. However, with the right lawyer, the situation can be resolved in a positive fashion.
Since 2003, we’ve helped people charged with misdemeanor and felony drug offenses in Angleton, Pearland, Houston, and throughout the region. We’re here to defend your rights, provide the best possible defense, and get the matter behind you.
If you’re seeking legal representation following criminal charges, contact Sandra Oballe today. We can be reached at 979-265-6800 or 713-524-6656.
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