A Houston arrest or charge of possession of a controlled substance is something you must take seriously. If convicted, you could face life-altering consequences, including spending time in jail, paying significant fines, and losing the future you had planned for yourself.
The Houston drug possession lawyer at Blass Law understands that people sometimes make mistakes—and that being charged with a crime does not mean you are guilty. You deserve strong representation no matter what your situation is. Let us advocate for your best interests, protect your rights, and formulate the right defense strategy.
Contact us today for a confidential consultation with our team.
Why Choose Blass Law as Your Houston Possession of a Controlled Substance Lawyer?
Our Houston drug charges lawyer fights to minimize the negative effects our clients experience after an arrest or drug-related charge. We have the experience, commitment, knowledge, skills, and resources necessary to develop a strong criminal defense based on the case circumstances:
- Jay is an ACS-CHAL Forensic Lawyer-Scientist certified in forensic chromatography for both alcohol and drugs, as well as a Drug Recognition Expert. He is aware of how drug use can affect you, allowing us to fight allegations of drug use when necessary.
- He can also use his drug recognition expertise to prove that the substance found on you was not a controlled substance or an illicit drug.
- Jay is a Houston native who has lived and worked here for decades. Not only has this given him a unique and intimate understanding of the local court system, it also means he is deeply invested in protecting our firm’s clients: our clients are also our neighbors.
Keeping Innocent People Innocent® and guiding our clients through the defense process is our top goal. Learn more by contacting a Houston criminal defense lawyer at Blass Law today for a confidential consultation.
We Represent Clients Who Face State or Federal Drug Charges
Texas’ Controlled Substances Act—Chapter 481 of the Texas Health and Safety Code—dictates how the state controls which substances and how to handle cases when a person knowingly or intentionally possesses a substance included in these laws. The federal government has its own laws regarding penalties for and prosecution of controlled substances.
Our criminal defense attorney understands the differences between state and federal charges and how to build a defense against each. While many crimes are handled by the state, you might end up facing federal charges if:
- You are accused of an interstate crime. For example, if you bought a controlled substance in Louisiana and brought it back with you to Texas, this is a federal crime.
- The federal government controls the substance. Drugs that appear on the Texas drug schedule often also appear on the federal drug schedule, meaning that many drugs are illegal at both a state and federal level. This could potentially make your case more complex, especially if you are charged with possession of a very large quantity of a controlled substance.
Facing a federal charge could mean that, rather than being investigated by the Houston Police Department and facing a judge in a local court, you could have federal agencies looking into the alleged crime and prosecuting you in a federal court. Some people face both state and federal charges at once, making it all the more imperative to hire an attorney who understands both kinds of cases.
No matter what type or severity of criminal charges you face, our legal team will advocate for you.
Controlled Substance Charges Upend Lives
The Texas State Board of Pharmacy defines a “controlled substance” as one “whose use and distribution are tightly controlled because of their abuse potential or risk.” This could include illegal substances or prescription drugs. Possession of a controlled substance is illegal when you do not have a valid prescription or the drug has no legal purpose.
The penalties for a possession of a controlled substance conviction depend on how Texas classifies the drug and how much you had on you when arrested. Under Texas law, all controlled substances fall into one of several drug penalty groups (with several sub-groups).
Drugs in Penalty Group I tend to carry more significant sentences than others. This is because the drugs in this penalty group are considered to be the most dangerous and have the highest potential for addiction.
Penalties for Possessing a Controlled Substance in Houston
Any possession of a controlled substance conviction will negatively impact your daily life in many ways, regardless of which penalty group applies to your case. Penalties for possession of a controlled substance include:
- Jail or prison time
- Significant fines
- Mandatory drug abuse education
- A criminal record that could affect your ability to find a job or get accepted into your dream school
Drug possession convictions in Houston can also come with a license suspension. To reinstate the license following a suspension, the individual must show they completed a 15-hour Drug Education Program as required by the courts.
Don’t try to fight these charges with just any attorney. Jay Blass Cohen, a lawyer who has successfully defended clients against felony drug possession charges, is ready to put our team’s years of experience to work on your case.
How Will a Possession of a Controlled Substance Lawyer Defend Me From Charges in Houston?
When you hire our law firm to manage your criminal defense, you can count on our Houston attorney to investigate the circumstances and develop a strong defense based on your specific situation. Some common legal strategies in these cases include:
- You Were Unaware of the Drugs: You may have been unaware of the presence or nature of the substance.
- You Lacked Ownership or Control: You can argue that the substance belonged to someone else or was not under your control.
- You Had a Valid Prescription: You could have possessed the drug for medical reasons and had a valid prescription.
- Entrapment: You can assert that law enforcement induced you to possess the substance.
- The Substance Was Not an Illegal Drug: You can challenge the substance analysis that showed it was an illicit substance. This is where Jay’s drug recognition expertise comes in handy.
- You Had the Drugs Under Duress: You can argue that you possessed the drug under coercion or threat of harm.
- Evidence Was Collected Illegally: Where applicable, our drug charges lawyers show that investigators violated your constitutional rights during a search, arrest, questioning, or detention. We can then get evidence barred or suppressed, potentially leading the prosecution to drop the charges.
Which of these defenses might be most effective will depend greatly on the circumstances of the case and the evidence our attorney presents to support it. Depend on our drug crime lawyer to devise a personalized legal strategy that aims to achieve the best possible outcome in your case.
Results We Have Obtained for Drug Possession Clients
We are proud of the case results we’ve obtained over the years for our Harris County clients, including the following:
- Our client was found with 46 kilos of cocaine on them. They were charged with possession with intent to deliver. We got the charge dismissed.
- Our client was pulled over for DWI. They were charged with a second-offense DWI and possession of a controlled substance. We got the charges dismissed mid-trial.
- Our client was pulled over for DWI and blew a .086. They were charged with DWI and possession of marijuana. We got the charges dismissed.
When Should I Call a Houston Possession of a Controlled Substance Attorney?
Calling a criminal defense attorney in Houston as soon as possible after a drug possession arrest is crucial for several reasons. Our lawyer will provide immediate legal advice based on your specific situation. This includes answering your questions and explaining your legal rights and potential consequences.
Contact us after your arrest or when you first learn you might face drug possession charges. Our Houston possession of a controlled substance attorney ensures that your constitutional rights are upheld throughout the legal process, including during interrogation and investigation. Other tasks we’ll handle include:
- Investigating what happened
- Preserving evidence
- Preventing incriminating statements
- Building a strong defense strategy from the outset
- Improving your chances of a favorable outcome
- Negotiating potential plea deals or reducing charges
- Minimizing the potential penalties
- Representing you to the prosecution, judge, and jurors
The sooner you get in touch with us, the sooner we will be able to come up with the right plan for your situation. This could allow us to persuade the prosecutor to forgo filing charges, ending your case before it even begins.
What to Do if You Are Arrested for Drug Possession in Houston
Remember that you have rights at every single point in the legal process, regardless of what type of drug you were allegedly in possession of or what evidence the prosecution says they have on you. Blass Law recommends that you speak to us as soon as possible. If we are not present during your arrest, protect your rights in the following ways:
- Say Nothing. Tell the police you are invoking your right to remain silent—and then do so. Do not answer any of their questions, try to explain your actions, or confess to anything.
- Call Our Firm Immediately. You should also tell the police you are invoking your right to an attorney. Then, call our office.
- Do not resist arrest. With the exception of answering questions, do what the arresting officer tells you to do. Do not try to fight back or run away.
Once our Houston attorney arrives, we will mediate all interactions between you and the police.
Do I Have to Go to Trial for a Drug Possession Charge?
It is possible that your case will go to trial, but it is not inevitable.
What you will probably have to do is attend an arraignment hearing, unless the judge gives you permission not to appear or we are able to get the charges dropped before the hearing begins. At an arraignment hearing, you will learn more about the charges against you and have a chance to enter your plea (guilty, not guilty, or no contest).
After the arraignment hearing, we determine the right way to proceed with your case and build the strongest possible defense. Sometimes, we are able to end the case before a trial, but if not, we:
- Schedule court dates
- Present opening and closing arguments
- Submit and present trial exhibits
- Prepare and question witnesses
- Cross-examine the defense’s witnesses
- File motions, legal briefs, and other documentation
Blass Law is committed to defending people like you who have been falsely charged or who have made mistakes and deserve a second chance. That is why Jay Blass Cohen has never worked as a prosecutor and never will—and that is how you know you can trust our legal team to always have your best interests in mind.
Discuss Your Houston Drug Possession Case With Our Team Today
Blass Law provides confidential consultations for those facing drug charges. Our Houston possession of a controlled substance lawyer advocates for your best interests and fights for justice on your behalf. Contact us today and let our legal team defend your rights from the beginning of your case until the very end.