Some drugs are legally prescribed, but also illegal to possess without a prescription. A Dangerous Drug, under Texas Law, is a drug that may not be specifically included in the Controlled Substances lists found in the Heath and Safety Codes. So there is a separate offense for possessing one of those drugs: Possession of Dangerous Drug.
Legally, for a person to possess a "dangerous drug," that person must have a prescription. Like other drug cases, the severity of the case depends on how much of the drug is possessed.
Keates Law Firm has represented many clients charged with Dangerous Drug offenses, simply for either keeping legally prescribed pills in a different contain (not the pill bottle) or having an old prescription. While those cases got dismissed, the person Unfortunately had to be arrested, go to jail, and then later seek an Expunction to clear thier criminal history.
What Drugs are considered Dangerous? There is a long list of drugs and pills that can fall under the Dangerous Drug category. Most common in Travis County would be:
Related areas to Possession of Dangerous Drug include Possession of Controlled Substance (POCS) cases, Drug Paraphrenalia (PDP), which include items used with drugs, like pipes and bongs, and even Drug DWI - Driving While Influenced.
If you're looking for other offenses that are related to this one, you can see more information below, or click related legal offenses.
A person charged with Possession of Dangerous Drug is typically arrested and taken to jail. While at the jail, a person will await the Magistrate, who is a Judge, to set bond and advise of the charges. In Travis County, pretrial services may also interview the person concerning a personal bond. Whether the personal bond is granted depends on the Judge, the person's criminal history, and other factors.
>Keep in mind that even if the Magistrate denies a personal bond shortly after arrest, and Attorney can revisit the issue and argue for a release from jail. Keates Law Firm can act quickly to assist with a personal bond to release that person. Be sure to read more about Bond, Personal Bonds, and Travis County Jail Releases.
Sometimes an officer will file arrest warrant, which will require a Walkthrough to clear the Arrest Warrant. Doing a Walkthrough quickly is important, because most of the time a person does not go into the jail during the surrender process. Call us for more details if you have an Active Travis County Arrest Warrant.
The best defense for Possession of Dangerous Drug is to have a prescription -- even if it's old. An overwhelming number of people take medications sporadically, and not on a regular schedule. For instance, certain medications are taken when feelings of anxiety begin. A 30 day prescription may last months, since the pills are not taken three times a day.
Other defenses include 'knowledge' and 'possession' of the Dangerous Drug, both of which are elements that the prosecutor must prove beyond a reasonable doubt.
If you'd like to talk in detail about your situation, or if you have questions, contact us for a Free Case Consultation. Keep in mind, Keates Law Firm only practices in Austin and Travis County.
Hiring the right attorney from the beginning is important. Poor legal decisions will have a negative effect upon the case as it progresses. The Keates Law Firm has over 16+ Years Experience handling Possession of Dangerous Drug cases. Our focus is to try and have the case dismissed against you. We don't even discuss pleas until all legal and negotiation options have been explored in detail.
Call Us to talk about your particular case and situation. It's a 100% Free Phone Consultation with Criminal Defense Attorney Keates. No Sales Pitches, No Hassles. We'll see if we are the right Law Firm for you, and give you a quote. Be sure to check out Keates Law Firm's Reviews and also our past cases and Results.
Your goal should be Dismissal for any Possession of Dangerous Drug charge. While not every case can be dismissed, often times the goal becomes avoiding jail, or getting a reduced charge, or even getting a favorable probation with a possible dismissal at the end, called Deferred Adjudication. If dismissed, a person can later seek an Expunction of a Criminal Record, which is where a Judge Orders the offense records destroyed, including police reports, court records, and prosecutor files.
Likewise, if Deferred Adjudication is successfully completed, the person can have thier record sealed through Motions for NonDisclosure.
(a) A person commits an offense if the person possesses a dangerous drug unless the person obtains the drug from a pharmacist...
Differing pills will carry differing punishments. Many Dangerous Drug cases are Class A Misdemeanors. But the Texas Health and Safety Code includes Oxycodone and Hydrocodone in the Penalty Group 1 for illegal controlled substances. This means that less than one gram is a state jail felony, punishable by between 180 days to 2 years in state jail and fines less than $10,000. 1 gram to 4 grams is a third degree felony, punishable by between 2-10 years in state prison with no more than $10,000 fines. Between 4-200 grams will bring a second degree felony, with 2-20 years in prison. More than that weight or amount will yield even higher punishments.
However, Valium, Xanax and Ritalin are listed in Penalty Group 3 for illegal controlled substances. This means that less than 28 grams is a Class A Misdemeanor, with up to one year in jail and fines no more than $4,000.
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