Drug Possession

At The Spriggs Law Offices, we are ready to provide aggressive, effective defense of your drug possession, distribution, or trafficking cases. Our attorneys are committed to meeting all your criminal defense needs. Our primary goal is the defense of your freedom. From the initial hiring of our firm to the conclusion of the case, we will defend you with skill, integrity, commitment and professionalism.

Drug crimes cover a broad range of offenses from possession of controlled substances to the sale and manufacture/distribution of controlled substances. These crimes involve violations of federal or state law, and sometimes both. Depending on the circumstances of a case, these offenses can result in criminal and administrative consequences: probation, case fine, jail, property forfeiture, court-ordered drug treatment program and prison, or a combination of penalties.

The severer the charges the harsher penalties. Even the less serious charges, such as possession of a small amount of drugs, may have severe impact, if you have prior convictions, firearms are involved, occurred near protected zones (e.g., schools and parks), or if minors are involved. If you have been charged, consult The Spriggs Law Office with two offices in Amarillo, Texas and San Antonio, Texas. Experienced criminal defense attorneys makes a difference . Know your legal options.

Possession with intent to deliver, delivery and manufacturing are the different allegations that prosecutors may make when prosecuting drug offenses. These terms are very important and have special meanings and impacts in your case. A charge may be filed many different ways. Some of the illegal substances are:

* Marijuana

* Cocaine

* Heroin

* LSD

* Methamphetamine

* Xanax

* Ecstasy

* Prescription Drugs

* Drug Paraphernalia   

                                                                                                                                                                 * Anhydrous Ammonia

PossessionIf the police find drugs in a car or in a house, it is common for the police to arrest everybody in the car or everybody in the house. Usually, everybody goes to jail and are charged with possession of the drugs. However, being in the mere vicinity of drugs or being in a vehicle where drugs were found will not sustain a conviction of drug possession in Texas. In order to gain and sustain a conviction, the prosecutor must prove beyond a reasonable doubt that the you were actual in possession of the drugs. Meaning that you were in actual care, custody, control, or management of the substance.

Possession is listed in Section 1.07 of the Texas Penal Code as actual care custody and control. Section 481.002 of the Texas Health and Safety Code defines possession as actual care, custody, control or management. Merely being close to the drugs is not good enough for a conviction. The prosecutor has to prove that you intentionally or knowingly had actual care, custody, control or management of the drugs. If you did not know that the drugs were there, you are not in possession of it. If you were merely present, without knowledge of the drugs, you are not guilty.

Defenses in drug cases can also focus on the legality of the search and seizure. The Fourth Amendment of the United States Constitution protects us all from unreasonable searches and seizures. Generally speaking, the police cannot search your person, your vehicle or your residence without probable cause that a crime has been committed. They often are not allowed to search without a search warrant. If the police illegally searched you or your property, the evidence they seized will not be admitted in court against you.

Contact The Spriggs Law Offices NOW to Protect Yourself.