Texas Methamphetamine Defense Attorney
If you have been arrested for possession of methamphetamine in Texas, then you face felony charges that can lead to severe consequences, including fines, driver’s license suspension, probation, drug treatment and prison time. Whether your arrest resulted from a police officer’s mistake or your own, you will need the help of a criminal defense attorney experienced in defending methamphetamine possession cases. Criminal defense attorney Waren Price at The Price Firm, PLLC, has defended hundreds of drug cases including many, many people accused of methamphetamine possession, manufacturing and delivery. He can help you with your methamphetamine case.
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Understanding The Texas Methamphetamine Laws
The laws regarding methamphetamine possession are contained in the Texas Health & Safety Code. Methamphetamine is a controlled substance found in Penalty Group 1 of the code. In Texas, the possession of any quantity of methamphetamine is a felony offense. The level or degree of felony is determined primarily by the quantity of methamphetamine possessed.
The elements of the offense of possession of methamphetamine are found in Health & Safety Code Section 481.115. A person commits the offense of possession of methamphetamine if:
- The person knowingly or intentionally possesses methamphetamine.
- “Possession” means actual care, custody, control or management.
Possession is not necessarily the equivalent of ownership. It is possible for multiple people to possess a single quantity of methamphetamine, however, generally, where multiple people are arrested for the same substance, it means that law enforcement was not able to determine whom the methamphetamine belonged to. The result was that they simply arrested everyone.
Penalties For Possession Of Methamphetamine
The penalty for possession of methamphetamine is primarily determined by the quantity of meth possessed. A very small quantity will typically result in a charge for a state jail felony that carries a penalty of up to two years in a state Jail. Larger quantities can carry the potential for sentences of up to life in prison.
Punishment Ranges For Methamphetamine Possession
- Less than 1 gram: 180 days to 2 years in state jail
- 1 to 4 grams: 2-10 years in prison
- 4 to 200 grams: 2-20 years in prison
- 200 to 400 grams: 5-99 years or life in prison
- 400 grams or more: 10-99 years or life in prison
(Each of these offenses carries the potential for fines ranging from $10,000 to $100,000.)
These punishment ranges above represent the possible penalties for methamphetamine possession, but they do not take into consideration the potential for enhancement based upon other factors such as a person’s criminal history and the presence of the person in a drug-free zone at the time of possession. Enhancements can lead to higher minimums, stacked sentences and overall much more severe punishments.
Defenses To Methamphetamine Possession
An experienced methamphetamine defense attorney will work with you to identify the problems with the state’s case against you and the defenses that you may present. These may be based upon legal defenses that you have, or they may be due to insufficiencies in the evidence against you. Whether you are entirely innocent of the charges against you or simply need damage control for a mistake made, it is critical that your attorney push back against the state’s case. An aggressive criminal defense attorney can do that for you.
The following are some common defenses that may arise in the course of a possession of methamphetamine case:
- No reasonable suspicion for a traffic stop
- No probable cause to search the vehicle
- A statement was taken without Miranda warnings
- A warrantless search of home or place of business
- No affirmative links between the suspect and controlled substance
- Insufficient evidence of care, custody, control or management
- No proof beyond a reasonable doubt of possession
It is not unusual that law enforcement will make an arrest for methamphetamine possession when a substance believed to be meth is found, but the law enforcement officer is unable to determine who actually possessed it. It is very common that traffic stops will lead to the arrest of the driver of the vehicle or the arrest of a passenger who happened to be in closest proximity to the alleged methamphetamine.
If you were arrested for someone else’s drugs that you did not possess, then you should not be held criminally responsible. It is not a crime to know that someone else is committing an offense. The evidence must show that the accused possessed the substance. This must be proved beyond a reasonable doubt. If you have been falsely or mistakenly arrested and accused of possession, then we want to see your case dismissed or for you to be found not guilty at trial. Let our skilled criminal defense attorney defend against your methamphetamine charges.
Hire An Experienced Criminal Defense Attorney
An arrest for methamphetamine possession can lead to a felony conviction or even time in prison. The potential consequences are too great to not have the best defense you can get. Our aggressive methamphetamine defense attorney has the knowledge and experience to put you in the best position for a successful outcome.