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Possession Of Controlled Substance

Published January 2nd, 2020 by Leo & Oginni Trial Lawyers, PLLC

Mama Told Me; Not To Sell _______.

If you know the word that goes in the blank, this post might just help you stay out of jail someday. While we don’t approve of what may or may not happen in the Trap-House, the attorneys at Leo & Oginni Trial Lawyers are serious about keeping you out of the Big-House (jail).

Let’s Start With The Basics; What Are Penalty Group 1 Drugs?

Penalty Group 1(PG1) substances are those that carry the harshest penalty in Texas. They are listed in the Texas Health and Safety Code, also known as the Texas Controlled Substances Act. Some of the PG1 drugs that are the most common are Cocaine, Heroin, Rohypnol, Morphine, Fentanyl, Oxycodone, Powder/Raw Opium, and Methamphetamine. You can find the entire list under Chapter 481.

What Is The Possible Jail Time For Penalty Group 1 (PG1)?

WeightPossessionPenaltyManufacture DeliverPenalty
<1gState Jail Felony180d-2yrs STJ Up to $10,000State Jail Felony180d-2yrs STJ Up to $10,000
1g-4g3rd Degree Felony2-10yrs TDC Up to $10,0002nd Degree Felony2-20yrs TDC Up to $10,000
4g-200g2nd Degree Felony2-20yrs TDC Up to $10,0001st Degree Felony5-99yrs TDC Up to $10,000
200g-400g1st Degree Felony5-99yrs TDC Up to $10,0001st Degree Enhanced10-99yrs TDC Up to $100,000
>400g1st Degree Enhanced10-99yrs TDC Up to $100,001st Degree Enhanced10-99yrs TDC Up to $100,000

What Is The Possible Jail Time For Penalty Group 2 (PG2)?

Penalty Group 2 (PG2) includes drugs like Adderall, Ecstacy, THC Oil, Wax, Dabs, and Mescaline. Just like PG1, there is a long list of substances that fall into each Penalty Group category.

WeightPossessionPenaltyManufacture DeliverPenalty
<1gState Jail Felony180d-2yrs STJ Up to $10,000State Jail Felony180d-2yrs STJ Up to $10,000
1g-4g3rd Degree Felony2-10yrs TDC Up to $10,0002nd Degree Felony2-20yrs TDC Up to $10,000
4g-400g2nd Degree Felony2-20yrs TDC Up to $10,0001st Degree Felony5-99yrs TDC Up to $10,000
>400g1st Degree Felony5-99yrs TDC Up to $10,0001st Degree Enhanced10-99yrs TDC Up to $100,000

Don’t Make These Mistakes If You Are Pulled Over By Police!

  1. Don’t argue with police about why you were pulled over. You cannot argue your way out of a ticket or being arrested.
  2. Have your driver’s license and insurance information ready to give when the officer arrives at your window. Don’t give them a reason to say “He was reaching….”
  3. Make sure there is nothing “in plain sight” that will allow police to search your car without your consent. If a police officer sees some weed, a pistol, alcohol, or anything illegal that is out in the open, he can search your car without your consent.
  4. If police ask if they can search your car, the answer should always be “no,” even if you have nothing to hide. Why? Perhaps you drive for Uber or Lyft part-time and someone who had a prescription dropped a Percocet pill in your car (PG1 drug, State Jail Felony). Even if you can eventually get the charges dismissed, all the headache could have been avoided by doing what Nancy Reagan said, Just Say No.” If you are told to step out of the vehicle during a traffic stop, do so politely and close the door.
  5. This is the most important rule to follow if you have something in the car that you shouldn’t: SHUT THE “F” UP! The body cameras are on and you are being recorded. Everything you say is helping officers build a case against you. Don’t fill in the gaps for them. Instead, you can say, “I would like to speak with my attorney before I answer any questions.”

Are Dabs, Wax, Or THC Oil Illegal In Texas?

Yes. In fact all are considered Penalty Group 2 (PG2) substances in Texas. Many people think that putting a Dab in a Dab Rig is no different than using the actual flower or plant marijuana. The penalty for possession of Dabs, Wax, or THC oil is much greater than plant marijuana in Texas.

What should I Do If I Am Caught With a Controlled Substance?

First, refer to Rule #5 above. If you are caught with a large amount (or any amount for that matter) of a controlled substance, it is likely you were caught from information provided by someone and not just at random. This should give you even more reason to just be quiet and ask for a lawyer before you answer any questions. Even if you weren’t set up, but were still caught with some Bars, Percocet, Soma (Carisoprodol) Promethazine-Codeine, Adderall, Molly, Shrooms, or some H-Town Lean in your double cup banging Screw, do your lawyer a big favor….Yup, Follow Rule #5. The more you give your Criminal Defense Lawyer to work with, the better the outcome can be for a Possession of Controlled Substance case.

Do I Need A Lawyer If I Haven’t Been Indicted Or Charged By Information After My Arrest?

The short answer is YES. If you were arrested with a controlled substance in your vehicle or on your person, it is a matter of time before you are formally charged. Don’t think that “they forgot about my charges” because it takes some time before you get the notice. Some counties don’t formally charge you with DWI until after 15 days from your arrest….Hint: Your driver’s license is automatically suspended 15 days after your arrest if you don’t request an Administrative License Revocation (ALR) hearing. Some counties, especially smaller ones, have a slower process for presentation to a Grand Jury than larger counties. The sooner you contact a Criminal Defense Attorney in a Possession of Controlled Substance or Manufacture/Delivery of Controlled Substance case, the better!

Can You Get My Drug Possession Case Dismissed?

At Leo & Oginni Trial Lawyers, our goal in every case is a dismissal. However, no attorney can guarantee or promise you a dismissal. Only the prosecutor can dismiss a case; Not the Judge, Not a probation officer, and definatly not a Criminal Defense Lawyer. The first way to try and get a dismissal of a drug possession charge is to challenge the legality of how the drugs were found. In many cases, this is done by having a Suppression Hearing where a Motion to Suppress is heard in court. At a Suppression Hearing in a traffic stop case, we will argue that there was an illegal traffic stop that led to the discovery of the drugs. If the controlled substance was found in a home or on your person, we will look closely at any 4th Amendment violation (illegal search and seizure) that may have occurred.

If you or a loved one has been arrested for Possession Of A Controlled Substance, visit us online at www.helpishere.law or just give us a call at (713) 280-3204. Let the Criminal Defense Attorneys at Leo & Oginni Trial Lawyers evaluate your case for FREE! We will let you know how we can help and guide you through the process of defending your rights.


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