One of the lowest level drug charges you can get in Harris County is possession of a controlled substance penalty group 3 less than 28 grams.  Most likely this is because the police believe you were in possession of Xanex or Hydrocodone without a prescription.  The generic name for Xanex is Alprazolam and it is the most common misdemeanor level drug arrest in Houston, Texas.  When you're trying to defend someone against a charge of possession of a controlled substance penalty group 3 the fist step is getting to know your client.  Sometimes the best defense is to show that what happened the night they were arrested is abnormal.  Good people can have a bad day.  The next day they call Houston Criminal Defense Attorneys PLLC and get their life back on the right track. 

PUNISHMENT RANGE: Class A 

0-365 days in jail and up to a $4,000 fine.

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Possession of a Controlled Substance Penalty Group 2 includes possession of THC otherwise known as "tetrahydrocannabinols."  The other major drug found in Penalty Group 2 is MDMA or ecstasy.  The scientific name is                   3-4 methylenedioxymethamphetamine

but it is becoming more and more rare.  It is likely that if the District Attorney's office has charged you with MDMA possession that the pill was actually methamphetamine and should have been charged under Penalty Group 1 instead.  Penalty Group 2 charges often happen in motor vehicles.  If the police don't have reasonable suspicion to pull over your vehicle or probable cause to search the car then the case may be dismissed!  Call now to receive a free consultation about the facts of your case!  

PUNISHMENT RANGE: State Jail Felony 6 months - 2 years in a State Jail Facility and up to a $10,000 fine. 

Possession with Intent to Deliver carries the same punishment range as Manufacture and Delivery of a Controlled Substance.  This means that the police don't have to prove a drug transaction actually took place in order to arrest and charge you as a drug dealer.  But they do have to prove actual care, custody, control or management.  For example:

• Being the driver and only person in a car where a drug and other evidence of sale was found;

• Nervous or “furtive” gestures trying to conceal the prohibited substance;

• Being found to have been texting or calling another individual coordinating the transportation or concealment of the prohibited substance.

The government may try to use any of these circumstances against you.  Call us today and put a former prosecutor on your side!

Arrests for Possession of a Controlled Substance Penalty Group 1 in Houston are primarily for one of three drugs,

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(1) Methamphetamine

(2) Cocaine and;

(3) Heroin. 

If you have been arrested for methamphetamine possession even a small amount can get you a felony conviction and up to 2 years in a State Jail Facility.  You need the assistance of an attorney to fight criminal charges.  At Houston Criminal Defense Attorney's PLLC our attorneys are both former Prosecutors and know how to attack the weaknesses in a Possession of a Controlled Substance case.  Penalty Group 1 substances are particularly addictive. 

PUNISHMENT RANGE: State Jail Felony 6 months - 2 years in a State Jail Facility and up to a $10,000 fine. 

Punishment ranges increase once the State decides to charge Manufacture, Deliver, or Possession with Intent to deliver a controlled substance.  It doesn't take much for the government to file a charge of possession with intent to deliver a controlled substance.  Most cases begin with a search warrant of a home or a traffic stop.  If the police find more than a gram of a controlled substance accompanied by baggies and a scale you may be facing an intent to deliver charge.  Brian Foley is a former Felony Chief Prosecutor with the Harris County District Attorney's Office and can defend your rights against the government because he knows their playbook.  Luis Baez is a former Felony Assistant District Attorney and has handled hundreds of Drug Charges.  We can help keep you out of jail and fight to get your case dismissed!

Harris County doesn't typically prosecute misdemeanor level possession of marijuana cases.  They will from time to time if accompanied by the possession of a firearm.  More often people charged with possession of marijuana in Houston have a charge that results from 4 ounces to 5 pounds.  However, just because you've been charged with a felony doesn't mean you'll end up a convicted felon.  Marijuana cases are often susceptible to an attack on the probable cause for the search which lead to finding the marijuana.  Additionally, since 2019 the State of Texas legalized "industrial hemp."  This means that the plant cannabis sativa L with under .3% THC content is legal to possess in Texas.  For the State to be successful in prosecuting a possession of marijuana case they have to prove the THC content through a scientific test.  Call Houston Criminal Defense Attorneys PLLC to receive a free consultation and get your life back on track.