If you have been accused of possession of a dangerous drug or possession with intent to distribute, then you’re probably wondering how to beat a felony drug charge. People from all walks of life have found themselves face to face with drug charges, and as Houston’s go-to criminal defense team, we’ve been here to help them clear their names. 

So before you think life is over as you know it, take a look at the 3 things you should know about a felony drug charge. And if you need a primer on dangerous drugs, take a look at our recent articles: Possession of Dangerous Drugs in Texas: What it Means & What You Need to Know, and Can you get a DWI for Prescription Medications?

1. Can felony drug charges be dropped? 

The first thing to know about how to beat a felony drug charge is that, with the right defense, felony drug charges can be dropped. But what are some common reasons a felony drug charge might be dropped?

  • Were the drugs found illegally? If your home, car, or other property was searched illegally and drugs were seized as a result, the evidence cannot be used in a trial. This is also known as the exclusionary rule.
  • Can they prove it’s yours? If you’re charged with drug possession, then you might be able to get your charges dropped if they can’t prove the drugs were yours. (For example, if you were in the same car with someone who had drugs in their trunk, but you were unaware they were there.) 
  • Is the testing accurate? Sometimes the science doesn’t always pan out, and if you can prove that something went wrong during the testing process, then your charges could possibly be dropped. This could be anything from lost samples to faulty equipment to poor testing practices.

2. How long do you go to jail for a drug felony? 

The second thing you need to know about how to beat a felony drug charge is that penalties for drug possession can vary from state to state. However, if you live in Texas and you’re asking the question, “How long do you go to jail for a drug felony?”, here’s what you need to know:

  • The type of drug matters: There are different groupings of drugs (1-4). For example, group 1 contains drugs such as heroin and cocaine, and group 2 contains drugs such as methamphetamine and THC. Which drug you’re caught with will have an impact on how harsh your punishment is. (Speaking of cocaine, learn more about cocaine charges in Texas.)
  • The amount matters: If you’re caught with 1 gram as opposed to 100 grams of a specific drug, then the jail term and/or fines will definitely be different. Depending on the drug, the amount could mean the difference between a $4,000 fine and a $50,000 fine or a 2nd-degree felony and a 3rd-degree felony.
  • Your past matters: If this is a first-time possession charge, it’s likely that you’ll end up with a less severe punishment than you would receive for your second or third drug possession charge. First-time offenders have a much better chance of receiving probation instead of jail time than repeat offenders.

3. How do you beat a constructive possession charge?

Earlier, we mentioned that you could have charges dropped if you could prove that you didn’t know the drugs were there and that they aren’t yours. This situation is also known as “constructive possession” — when the drugs are not found on the person and “dominion and control” need to be proved. This basically means that you knew about the drug’s presence and you had some form of ownership of it.

It’s important to know that cases involving constructive possession are typically circumstantial, meaning the prosecution will have their work cut out for them. A good drug possession lawyer in Houston will know how to beat a constructive possession charge. 

So if you’re wondering how to beat a constructive possession charge, it’s simple, really. Get yourself a good lawyer. (And while you’re at it, learn more about the Texas opioid crisis.)

The lawyer you need for the drug charges you don’t

Finding a good lawyer is the first and most important step in beating felony drug charges. Here at Thiessen Law Firm, we can help you understand, fight, and overcome your charges. We have the success stories and testimonials to prove it. If you want Thiessen Law Firm in your corner, fill out a request for a free consultation or give us a call at 713-864-9000. 

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Mark Thiessen
