Is Possession Of A Controlled Substance A Felony

Possession of a Controlled Substance is a felony offense in Texas. Among the drugs you lot can be charged with possessing are cocaine, meth (including Adderall and Vivance), heroin, other prescription drugs and narcotics. The Possession of a Controlled Substance charge is sometimes abbreviated every bit "Poss CS" on courtroom documents or simply "PCS."

Have you been charged with Possession of a Controlled Substance (Poss CS) in Texas? Phone call criminal defence force lawyer Paul Saputo at (888) 239-9305 to hash out legal representation.

A charge of Possession of a Controlled Substance typically occurs in conjunction with another criminal offense that an officer might believe you lot are committing. For example, if you lot were arrested for trespassing, and while being searched an officer plant a container of a controlled substance, an additional charge of PCS may be added on to the trespassing accuse. However, it is extremely important to understand your rights and obligations in those situations, as an improper arrest, search, or detainment may impact the outcome of your case. Learn more than about your rights when being detained

How tin I be charged with possession of a controlled substance?

When a police officeholder sees someone in possession of a controlled substance, that officeholder will exist able to make an arrest. Typically, if an officer has a reasonable suspicion, or what the law refers to as Likely Cause, that someone might be in possession of a controlled substance, he might be able to stop and search the suspected individual.

What are penalty groups? How much prison time can I get if I am convicted?

Depending upon the circumstances, a Possession of a Controlled Substance conviction can carry very severe punishments. Drug offenses are outlined in Chapter 481 of the Texas Health and Rubber Code. The Land of Texas classifies controlled dangerous substances into iv categories, or penalty groups. The penalties for possession of substances within different punishment groups tin can vary tremendously. A more than fully detailed explanation of the specific aspects of the various controlled substance offenses, penalties, and controlled substances can exist found in our FAQ on Drug Possession Charges. Learn more than about Drug Possession Charges

The illegal substance wasn't mine, but someone asked me to agree onto it. Does that modify anything?

Chapter i of the Texas Penal lawmaking states:

"Possession" means bodily care, custody, control, or management.

According to instance constabulary, the act of possession itself has nix to practice with where you received the substance from. The law only cares that you lot were the person who had the about control or management of the controlled substance. So even if the controlled substance was given to you by a friend who explicitly says that it is his, you may yet exist charged with the crime of possession.

Exercise I have to be physically holding something to accept possession?

Unfortunately the law in the state of Texas is not completely clear equally to what "bodily" possession ways. Decisions from courts in Dallas County, Tarrant Canton, and other courts in Texas have said that the controlled substance does non have to physically be on your person in order for yous to be charged with Possession of a Controlled Substance. The controlled substance can be in your backpack in some other room, in your auto, or a closet where you live when you aren't home and you may yet be charged with the offense.

I believe I was not arrested for a legitimate reason earlier they plant a controlled substance in my possession, or I believe that of import evidence to my instance is not being revealed by the police or prosecutor. What does that mean?

If you were improperly arrested, detained, or searched when a controlled substance was establish in your possession, information technology may be possible to "suppress" whatever was found later on the improper activeness from being presented every bit prove in a trial. Police officers are required to follow the laws and Constitution, and if they violate those requirements they are non permitted to do good from whatever they get from the improper action. If you believe that your case might have had such an improper activeness taken by a police force officeholder, it is important to allow your attorney know as shortly as possible as that data might brand it much easier to get your case dismissed.

But as in that location is legal suppression, there is as well an illegal grade of suppression when the prosecutor deliberately hides evidence that is important to your case. This is violation of your Constitutional Rights under the 5th Subpoena and if you think this violation of your rights is occurring, information technology is critical to let your attorney know. If a prosecutor is found to exist illegally suppressing bear witness, the example may be dismissed. The prosecutor, as the land's attorney, is tasked with seeking justice and not simply obtaining criminal convictions.

I believe the police planted evidence to incriminate me, what does that mean for my case?

Sometimes, in order to secure a conviction when a example isn't very potent, police force or prosecutors volition create or "plant" simulated bear witness in order to brand you look more than guilty. This is a gross miscarriage of justice, and proving that faux evidence has been provided tin can be crucial to the success of your case. If you have any doubts that evidence being provided has been made, immediately notify your chaser.

What are the affirmative defenses to a charge of possession?

In cases where the specific accuse is possession of a controlled substance "analogue" (which means a substance is chemically similar to a controlled substance, or is designed to accept like or stronger furnishings than the controlled substance, such as 'synthetic marijuana'), it is an affirmative defense force if the substance:

(1) was not in whatsoever part intended for homo consumption;

(ii) was a substance for which there is an approved new drug application under Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Department 355); or

(iii) was a substance for which an exemption for investigational use has been granted nether Section 505 of the Federal Food, Drug, and Cosmetic Act (21 UsC. Section 355), if the role player's carry with respect to the substance is in accord with the exemption.

This means if you lot were in possession of a chemical analogue that was specifically exempted, or not intended for human apply in any way, the charge may be dismissed.

I didn't know that what I had was a controlled substance. Does that change anything?

The law requires that y'all "knowingly or intentionally" possessed the controlled substance. If nosotros can prove that you had no knowledge (for example that y'all mistakenly picked upwardly the wrong haversack at the airport and it contained an illicit drug) that you lot were in possession of a controlled substance, your instance may be dismissed.

Depending on your unique circumstances, facing a accuse of Possession of a Controlled Substance (Poss CS) tin be a serious and life-altering outcome. We volition piece of work closely with you, using innovative defence force methods, to brand sure you full protection the law allows and get you the best consequence possible. Should the case go to trial, we volition defend you lot with our cutting-edge trial strategies to seek a non-guilty verdict.

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