Drug Possession Charges

Fort Worth Drug Crimes Attorney

Drug Possession

Drug cases are winnable if the charges are approached correctly. If you’ve been charged with possession of marijuana, cocaine, heroin, methamphetamine or LSD, you need an experienced defense lawyer. Fort Worth drug possession attorney Justin Sparks always challenges the prosecution of possession cases on the grounds that:

• The police searched you without reasonable basis or used a defective search warrant

• The drugs were not in your actual possession or you did not have care, custody or control of the drugs as required by law

• The vehicle in which the drugs were found may have been owned by or used by someone else recently

• The lab results demonstrate that there was such a small amount of the drug found that you could not have been aware of its presence

Justin Sparks has been trained to spot flaws in arrest/search warrants that other attorneys might miss. When flaws in these documents are brought to the court’s attention, the judge is required to deny the prosecutor the right to use the evidence against you at trial. Challenging a police officer’s basis for your arrest and demonstrating lack of probable cause could result in a dismissal of the charges against you.

Your Options with Possession Charges

If the above defenses do not apply in your case, you may still qualify for a reduction of charges or deferred adjudication, which may later lead to an expunction of your charges. If large amounts of drugs are involved, charges may be filed in federal court. Be aware that the federal sentencing guidelines are harsh, and in these cases probation is rarely granted.

Punishment and Consequences

It is important to avoid a conviction for possession of felony or misdemeanor drugs in a Texas federal or state court if at all possible since there are very serious consequences including harsh jail penalties. Those convicted of a misdemeanor additionally may lose driving privileges for 180 days.

Drug Possession in Dallas/Fort Worth
AmountDegreePunishment
Under 1 gramState jail felony180 days–2 yrs in state jail;
a fine of up to $10,000
1–4 grams3rd degree felony2–10 years in prison;
a fine of up to $10,000
4–200 grams2nd degree felony2–20 years in prison;
a fine of up to $10,000
200–400 grams1st degree felony5–99 years in prison;
a fine of up to $10,000
400+ gramsEnhanced 1st degree felony10–99 years in prison;
a fine of up to $10,000
Marijuana Possession in Dallas/Fort Worth
AmountDegreePunishment
2 ounces or lessClass B misdemeanorUp to 180 days in jail and a fine of $2000
2–4 ouncesClass A MisdemeanorUp to 1 year in jail and a $4000 fine
4 ounces–5 poundsState jail felony180 days–2 yrs in state jail;
a fine of up to $10,000
5–50 pounds3rd degree felony2–10 years in prison;
a fine of up to $10,000

50–2000 pounds2nd degree felony2–20 years in prison;
a fine of up to $10,000
2000+ poundsEnhanced 1st degree felony5–99 years in prison and a fine up to $10,000

Misdemeanors and Reducing Punishments

Whether you will be charged with a felony or misdemeanor depends on both the type of drug and the amount possessed. Once convicted, there are still a few actions you can take to attempt to lighten the punishment, such as involvement in a treatment program. Additionally, after successfully completing a deferred adjudication probation, you may qualify for your record to be closed to the public by filing a petition for non-disclosure.

Drug Possession Charges? Call Justin Sparks!

Justin Sparks will take the time to thoroughly research, investigate, and evaluate every detail of the possession charges against you. He offers a free consultation to evaluate your case. Once he is hired, he will use experienced investigators and consultants as part of his extensive pre-trial preparation. Call 817-334-0300.

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Contact Justin Sparks

Fort Worth Criminal Defense Attorney

Justin Sparks Criminal Defense Attorney