Possession Of Controlled Substance | PCS
Drug Possession Charges are a serious thing in Texas. You may be charged with Possession of Controlled Substance (PCS) if you were caught in possession of crack, cocaine, methamphetamine, heroin, LSD, acid, Valium, Hydrocodone, Codeine, Molly, Ecstasy, MDMA, PCP, THC, Hashish, Opium, Morphine, Speed, Mushrooms, Vicodin, and many others. Possession Charges can carry serious consequences ranging from probation and a suspended driver’s license to life in prison. The range of punishment depends on the type of drug, the amount of drug, and prior convictions.
Possession of Controlled Substances and Possession of Marijuana are among the most common charges in Texas, luckily for you, simply being in the same place as where the drugs were found is not enough to convict you of drug charges. The government has to prove beyond all reasonable doubt that you intentionally or knowingly exercised care, custody, control, or management over the drug. This area of the law can be great for defendants if you have the right lawyer. We all have constitutional rights to be free from unreasonable searches and seizures. What this means is that cops cannot search or arrest you unless they have probable cause to believe that you committed or are in the process of committing a time. I have proven in the first 21 months of practicing law as a criminal defense lawyer to be able to identify when the police have violated your constitutional rights. In fact, this far in my career (7/15/15) I am undefeated, having won all three of my Motions to Suppress, and having several other cases dismissed after pointing out to the prosecutors why the detention or search of my client was illegal. One beautiful thing about a Motion to Suppress is that in certain courts and situations, we can file the motion to suppress during trial, thereby giving you essentially a judge trial, and if the judge disagrees with us, a jury trial as well. Additionally, if any facts are presented that support our claim that you were illegally searched, we can get a 38.23 jury instruction so that the jury can decide if you were illegally seized and searched.
As your lawyer for Possession of Controlled Substance Charges in Texas, I will make sure that you were properly charged and that drug is actually an illegal drug as opposed to a bag of sugar or Tylenol. I will passionately fight beat your charges, and I am not afraid to take your case to trial.
Motions To Suppress
Motions to Suppress are a very important tool for criminal defense lawyers in Texas. Texas, believe it or not, has some very strong protections against unreasonable searches and seizures. Throughout the investigation phase of your case, I will investigate whether the police legally stopped and searched you. If I do not think the evidence against you was properly seized, I will file a Motion to Suppress. If we win the Motion to Suppress, your case is dismissed. In many cases, if we lose, we still have the right to go to trial. I have a special interest in making sure the police follow the law. As of June 2, 2015, I am undefeated in Motions to Suppress.
Do Most People Facing Drug Charges Simply Assume That They Don’t Have A Chance?
It is fairly common for people facing drug charges to assume that they do not have a chance to win their case. I have many clients who believe that just because they’ve been charged with drug or gun possession, they’re definitely going to be convicted. This belief is wrong. I have beaten probably well over 100 possession cases where a police officer found drugs or a gun on a person, in their vehicle or in other property they own or have access to. Read More
What Are Some Of The Most Common Drug Charge Cases Your Firm Handles In The Houston Area?
I represent a lot of clients in drug cases. The most common drug cases are small; they’re generally under a gram or two to four grams, so they’re either state jail felonies or third degree felonies. The most common drug we are seeing right now is methamphetamine. That’s not because there are a ton of meth addicts living otherwise normal, productive lives; that’s because most drugs, namely Ecstasy (or MDMA) are laced with methamphetamine. We don’t really see many possession of marijuana cases anymore. Read More
What Is Deferred Entry of Judgment or Diversion in a Drug Case in Texas? Is It the Right Avenue for Anyone Who Is Facing a Drug Charge?
In Texas, there are two ways to avoid being convicted. If you’re put on straight probation, that means you are convicted of a crime. If you’re sent to jail or prison, you’re obviously convicted of a crime. The next step down from a probation is called a deferred adjudication. A deferred adjudication is where you admit that you were guilty of the charged crime or a reduction of that charged crime, and the judge says, “While there is evidence that you are guilty of the crime, I am going to withhold and defer a finding of guilt.” Read More
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