Drug Possession Lawyer – Brett A. Podolsky
Drug possession is spelled out in the Health and Safety Code of Texas in a section known as the Texas Controlled Substances Act. This act makes it a crime to possess or distribute certain substances, which are classified into penalty groups I through IV. Numerous drugs are included in each category and are normally assigned to a group based upon their severity. Penalty Group I contains the most serious drugs, while Penalty Group IV contains the least serious drugs. In addition, marijuana and LSD are each in a category by themselves. For a complete explanation of the drugs in each penalty group, consult with a drug possession lawyer today.
There is an extremely wide range of punishments available for those found guilty of drug possession. This offense can be either a misdemeanor or felony, and a few things that play a part in how this crime is charged include:
- Category of drug that’s possessed
- Amount in possession
- Prior convictions
- Where the substances were found
- Was there an intent to sell or distribute
Since drug possession can be either a misdemeanor or felony, the punishment can include:
- 180 days to 99 years in confinement
- Criminal fines from $500 to $100,000
- Mandatory drug and alcohol counseling
Defending Against Charges
Defendants who are accused of possessing drugs need to know that there are many ways to fight their charges. One of the most common ways is to challenge evidence that was not obtained in the proper manner. In law, there is a provision known as the Fruit of the Poisonous Tree Doctrine. This doctrine specifies that any evidence gained through illegal means is invalid and cannot be used in a court of law.
If it’s not possible to have evidence thrown out, a Houston drug possession lawyer will attempt to raise reasonable doubt as to whether the defendant was actually in possession. In some cases, there may not be enough evidence to show the accused possessed a certain amount of a particular drug, which could mean the charges would be reduced significantly.
Consult With a Drug Possession Attorney
Those who are facing drug charges need an aggressive drug attorney who isn’t intimidated by prosecutors. Brett A. Podolsky is that type of lawyer. He has previously worked as a prosecutor and brings the knowledge he gained there to his Houston law practice. By being able to anticipate the prosecution’s moves, he is in an excellent position to map out a defense strategy. Those who are accused of this criminal offense have a lot at stake, which means that contacting a drug possession attorney should be a top priority.
To schedule an appointment with Mr. Podolsky, residents of the Houston area can reach the Law Office of Brett A. Podolsky at 713-227-0087.