DeGuerin & Dickson Law Firm offers strategic criminal appeals representation from our home office in Houston, TX. Our experienced appellate lawyers provide thorough legal analysis and compelling advocacy to challenge and overturn wrongful convictions in Texas and across the nation.
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Understanding Drug Possession Charges in Houston
Drug possession charges in Houston can be complex and carry severe consequences. At DeGuerin & Dickson, we believe in providing our clients with a clear understanding of the legal landscape they face. Here’s an overview of what you need to know about drug possession charges in Houston:
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Types of Drug Possession Charges
In Houston, drug possession charges can vary significantly based on the type and quantity of the controlled substance involved. The Texas Controlled Substances Act classifies drugs into different penalty groups, each with specific penalties. Common types of drug possession charges include:
- Simple Possession: This involves having a small amount of a controlled substance for personal use. The severity of the charge depends on the drug type and amount.
- Possession with Intent to Distribute: If you are found with a larger quantity of drugs or items like scales and baggies, you may face charges for intending to distribute or sell the drugs.
- Possession of Drug Paraphernalia: Having items used for drug consumption, such as pipes or syringes, can also lead to criminal charges.
Penalties for Drug Possession
The penalties for drug possession in Houston are severe and can include:
- Fines: Monetary penalties can range from a few hundred dollars to thousands, depending on the charge’s severity.
- Incarceration: Jail or prison sentences vary based on the drug type and amount. For example, possessing less than one gram of a Penalty Group 1 drug can result in state jail felony charges, leading to 180 days to 2 years in state jail.
- Probation: In some cases, the court may impose probation instead of jail time, requiring regular check-ins with a probation officer and adherence to specific conditions.
- Drug Education Programs: Courts may mandate attendance in drug education or rehabilitation programs.
Why Choose DeGuerin & Dickson for Your Drug Possession Case?
DeGuerin & Dickson: Your Houston Drug Defense Experts
When facing drug possession charges, the stakes are high, and the choice of legal representation can significantly impact the outcome of your case. DeGuerin & Dickson stands out as the best choice for defending against drug possession charges in Houston for several compelling reasons:
- Renowned Legal Team: DeGuerin & Dickson is led by attorneys with decades of experience in criminal defense. Our team has successfully handled numerous drug possession cases, securing favorable outcomes for our clients.
- In-Depth Knowledge: We possess a comprehensive understanding of the Texas Controlled Substances Act and the intricacies of drug laws in Houston. This expertise allows us to navigate the legal system effectively and develop robust defense strategies.
- Successful Case Results: Our firm has a history of achieving dismissals, reductions in charges, and acquittals in drug possession cases. Our proven track record speaks to our ability to deliver positive results for our clients.
- Tailored Approach: We understand that every drug possession case is unique. Our attorneys take the time to thoroughly investigate the circumstances surrounding your charges and develop a defense strategy tailored to your specific situation.
- Aggressive Advocacy: We are known for our aggressive approach in the courtroom, challenging the prosecution’s evidence and fighting relentlessly to protect your rights.
- Respected by Peers: Our firm is highly regarded within the legal community, earning respect from judges, prosecutors, and fellow defense attorneys. This reputation enhances our ability to negotiate favorable outcomes and advocate effectively on your behalf.
Contact DeGuerin & Dickson Law Firm for a Drug Possession Consultation
How DeGuerin & Dickson Approaches a Drug Possession Case
At DeGuerin & Dickson, we employ a meticulous and strategic approach to handling drug possession cases. Our goal is to provide the best possible defense for our clients, leveraging our extensive legal expertise and thorough understanding of the law. Here’s a detailed look at how we approach drug possession cases and some of the defense tactics we employ:
Comprehensive Case Evaluation
- Initial Consultation: Our process begins with an in-depth consultation where we listen to your account of the events, review any documentation, and assess the charges against you. This helps us understand the specifics of your case and any potential legal issues that may arise.
- Detailed Investigation: We conduct a thorough investigation, examining all aspects of your case. This includes reviewing police reports, witness statements, evidence collected by law enforcement, and any other pertinent information. Our goal is to uncover details that can be used to build a strong defense.
Development of a Customized Defense Strategy
- Case Analysis: We analyze the evidence against you to identify weaknesses or inconsistencies. This includes evaluating the legality of the search and seizure, the accuracy of the evidence handling, and the validity of the charges.
- Legal Research: Our attorneys stay updated on the latest legal precedents and statutory changes that may impact your case. We conduct extensive legal research to support your defense and ensure we are using the most current and relevant legal arguments.
Courtroom Representation
- Pre-Trial Motions: We file necessary pre-trial motions to challenge the prosecution’s case and protect your rights. This can include motions to suppress evidence, dismiss charges, or request a change of venue.
- Trial Preparation: If your case goes to trial, we prepare meticulously. This involves developing a compelling argument, preparing witnesses, and planning cross-examinations to counter the prosecution’s evidence.
- Aggressive Defense: During the trial, we provide a vigorous defense, presenting evidence and arguments that support your innocence or mitigate your culpability. Our attorneys are experienced litigators who excel in courtroom settings.
Post-Trial Support
- Appeals: If necessary, we handle appeals to challenge a conviction or sentence. Our team is experienced in appellate law and will work tirelessly to seek a favorable outcome on appeal.
- Expungement: If you are eligible, we assist with the expungement process to clear your criminal record, helping you move forward with your life without the burden of a criminal history.
Defense Tactics Regarding Drug Possession Cases
- Challenging the Search and Seizure: One of the most common defense tactics in drug possession cases is to challenge the legality of the search and seizure. If law enforcement conducted an illegal search or violated your Fourth Amendment rights, we could file a motion to suppress the evidence. If successful, this can result in the dismissal of the charges.
- Questioning the Evidence: We scrutinize the evidence collected by the prosecution. This includes ensuring the proper chain of custody was maintained and that the evidence was handled and tested correctly. Any discrepancies can be used to challenge the reliability and admissibility of the evidence.
- Arguing Lack of Possession: In some cases, we may argue that you were not in actual possession of the drugs. This could involve demonstrating that the drugs belonged to someone else or that you were unaware of their presence.
- Proving Medical Necessity: If applicable, we may argue that the possession of the drugs was medically necessary. This defense is particularly relevant in cases involving prescribed medications or substances used for legitimate medical purposes.
- Entrapment Defense: If it can be shown that law enforcement induced you to commit a crime you otherwise would not have committed, we may use the entrapment defense. This involves proving that you were unfairly coerced or persuaded into possessing the drugs.
- Plea Bargaining: In some cases, negotiating a plea bargain may be in your best interest. Our attorneys are skilled negotiators who can work with prosecutors to potentially reduce the charges or penalties you face, depending on the specifics of your case.
FAQ regarding Criminal Appeal Cases
Q: What is a criminal appeal?
A: A criminal appeal is a formal request to a higher court to review and potentially overturn the decision of a lower court following a criminal conviction. Appeals focus on legal errors made during the trial, not on re-arguing the facts themselves.
Q: What are some common grounds for a criminal appeal?
A: Common grounds for appeal include:
- Errors of law made by the judge
- Insufficient evidence to support the conviction
- Improper admission or exclusion of evidence
- Ineffective assistance of your trial counsel
- Juror misconduct
- Prosecutorial misconduct
- Newly discovered evidence
Q: How long do I have to file an appeal?
A: Time limits for filing an appeal are strict and vary by jurisdiction. In Texas, for example, you generally have 30 days from the date of sentencing to file a Notice of Appeal. It’s crucial to consult an experienced appeals attorney immediately.
Q: What happens if I win my appeal?
A: A successful appeal can lead to several outcomes:
- A complete reversal of your conviction
- A new trial ordered
- A reduction in your sentence
- Other remedies determined by the appellate court
Q: Do I need a different lawyer for my appeal?
A: While not always mandatory, hiring a specialized criminal appeals attorney offers significant advantages. Appeals require in-depth legal research, persuasive writing, and a nuanced understanding of appellate procedures which differ significantly from trial work.
Q: How much does a criminal appeal cost?
A: Appeal costs vary depending on your case’s complexity, the court, and your attorney’s fees. Many appeals lawyers offer consultations to discuss your case potential and fee structure.
Disclaimer: This FAQ provides general information and is not a substitute for legal advice. If you are considering an appeal, consult with a qualified criminal appeals attorney to discuss your specific situation.
Securing Your Release: Bail Options During a Texas Criminal Appeal
While fighting a criminal conviction through the appeals process, the question of bail becomes important. Here’s a breakdown of bail options in Texas during the appeals process:
Appeal Bond: If you were granted bail during your trial, it might continue through the appeal. However, the court may choose to revoke or modify it. An experienced appeals attorney can help you navigate this process.
Seeking a New Bond: If bail wasn’t granted initially, or if revoked, your appeals attorney can file a motion for an appeal bond. The appellate court will consider factors like the seriousness of the offense, flight risk, and likelihood of success on appeal when deciding.
Factors Influencing Bond: The amount of bail, if granted, is at the court’s discretion. Attorneys can argue for reasonable terms, but several factors influence the decision:
- Severity of the crime
- Criminal history
- Ties to the community
- Perceived danger to society
The Importance of an Appeals Attorney
A skilled criminal appeals lawyer is essential for understanding your bail options, preparing strong arguments for release, and navigating the complex bond system in Texas.
