How Is A Drug Charge Determined To Be Either A Misdemeanor Or A Felony In Texas?
In Texas, the gravity of a drug charge depends on the amount of a controlled substance that is involved in the offense. Generally, the more of a controlled substance that’s involved, the more severe the crime.
What Determines Whether A Drug Charge Will Be At The State Level Versus Federal Level?
Generally, more serious drug trafficking cases are brought at the federal level. The quantity of drugs involved would be a very important factor in determining whether the federal government decides to take an interest in the case and adopt it from the state.
Does The Type Of Drug Impact The Type Or Seriousness Of A Charge In Texas?
The type of drug does impact the type of charge and the seriousness. Under Texas law, controlled substances are broken down into different penalty groups by the type of substance involved. The different penalty groups have different penalty ranges and levels of seriousness, which range from first-degree felony to Class B misdemeanor, depending on the type and quantity of the drug involved.
What Is The Difference Between Possession And Possession With Intent To Distribute In Texas?
The easiest way to understand the difference between possession and possession with intent to distribute is to think about whether the drugs are for personal use, for sale, or distribution to others. The presumption is that drugs are intended for personal use, unless the government can prove intent to distribute. Intent to distribute can be proven by the quantity of the drugs involved. If a person is arrested with more drugs than an individual could possibly want to use for themselves, then there can be an inference that they intended to distribute the illegal drugs. Sometimes, distribution can be established if the police do some sort of sting operation or conduct surveillance.
Can The Police Execute The Search Of Automobiles Or A Home Without A Warrant In Texas If There Is Suspicion Or Probable Cause That Drugs Would Be On The Premises Or In The Vehicle?
The Fourth Amendment requires that the police get a warrant before they search an individual or an individual’s home or property, including a car. However, the courts have developed a long list of exceptions to the warrant requirement that are based on some kind of exigency or emergency that necessitates the police from acting without a warrant. One of those is the automobile exception. If the police have probable cause, they can search an automobile without a warrant, subject to some further requirements. But generally, a warrant is required before a search can take place. The automobile exception itself has many sub exceptions that have to be determined on a case-by-case basis.
As A Passenger In A Motor Vehicle Or Someone In A Place Where Drugs Are Found By Police, Would I Also Receive A Drug Related Charge?
If you are a passenger in a motor vehicle, or if you’re in a place where drugs are found by the police, it is possible that you may receive a drug related charge. There is a doctrine in Texas referred to as affirmative links. Affirmative links means that the circumstances have to be such that a reasonable person in your situation would have known that there were drugs present.
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