Unlike the movies, when someone gets arrested for having illegal drugs in their possession, claiming that they are “only holding it for a friend,” does not usually hold up as a legal defense. In fact, there are other, potentially more successful ways to defend against a charge of drug possession. That is why, if you are arrested and charged with a drug possession offense, you need a Houston drug crime attorney to make sure your rights are represented.
Because Texas shares a border with a foreign country, drug crimes are taken very seriously here. A Houston drug possession attorney will be thoroughly familiar with the Controlled Substances Act, known formerly as the Drug Abuse and Prevention Control Act of 1970. A Houston drug crime attorney will also be familiar with drug laws that are peculiar to the State of Texas.
Types of Drug Crime in Texas
Some of the different drug-related crimes that a Houston drug crime attorney will handle include:
– Possession or sale of drug paraphernalia
Drug Paraphernalia – What is It?
Few people are as familiar with the complete list of “drug paraphernalia” as a Houston drug possession attorney. There are some strange-seeming items on the list. Pipes, bongs and freebase kits are popular items, but a Houston drug crime attorney would be aware of other, less obvious items, such as fake cell phones, digital scales, pens with the ink cartridge removed, fluorescent lights and certain types of fertilizer may also be considered drug paraphernalia under certain circumstances.
Some of the above items, and others, are purchased legally but are illegally used. It is unlikely that a hapless gardener would be arrested and charged for possession of drug paraphernalia simply on the basis of buying a bag of fertilizer, but if he were, a Houston drug possession lawyer would be his logical first phone call!
Drug Paraphernalia Penalties
Possession of drug paraphernalia is generally considered a misdemeanor, attracting a fine and the addition of a criminal charge to their record. Selling paraphernalia is more serious, and attracts stiffer penalties. The job of a Houston criminal defense attorney is to make sure people are not unjustly penalized and to try and get the charges dismissed.
There are certain instances when possession of drug paraphernalia is considered more serious and the penalties are enhanced accordingly. For example, committing a drug paraphernalia crime on the grounds of a school may be charged more seriously. Again, a Houston drug crime attorney would be familiar with all the specifics of drug paraphernalia crime.