There are strict penalties for possession of a controlled substance, and the punishments can get worse and worse depending on what kind of drug you’re accused of possessing and how much you have. Charges like this absolutely need to be taken seriously, and you should talk to our Dallas County drug lawyers about what you can do to defend yourself.
What is Considered a Controlled Substance?
A controlled substance is a substance that is regulated under federal law. They might have medical applications, but they are subject to being abused and misused. As a result, they need to be tightly controlled and efforts need to be made to ensure that they are not falling into the wrong hands.
What Are the Penalties for Possession of a Controlled Substance?
This all depends on what kind of controlled substance you are accused of possessing, how much of it you have, and if you have previous charges. For those with a criminal record, a crime that could have been a misdemeanor can turn into a felony. Being punished with a fine and jail time is likely no matter how severe your crime is.
What is Constructive Possession?
You can also be arrested for possession of a controlled substance even if it’s not actually on your person. This is called “constructive possession,” and the police can charge you with this if controlled substances are found in a location that you control.
So if drugs are found in the glove compartment of a car that you own and use frequently, that can result in criminal charges. The substance wasn’t on your person, but it can be argued that you had full control over this area and you’re the only one who could have put them there.
What Should I Do If I’m Arrested For Possession?
If you get arrested and accused of possessing controlled substances, you should use your right to remain silent. You may think that you can clear things up with the cops by telling them what’s going on, but that’s unlikely to work. The cops arrested you. They want to be right. What’s more likely is that they will find something to use against you.
So remain silent, aside from asking for your lawyer. Your lawyer can do the talking for you.
How Can I Defend Myself Against Possession Charges?
There are a few ways to defend yourself and cast doubt on the prosecution’s case. You could argue that your rights were violated, like if the search was carried out without a warrant. That could get any controlled substance that was found thrown out, meaning that the prosecution would lose its key evidence against you.
You may also be able to argue that the controlled substance was not actually yours. Which defensive strategy should be used can depend a lot on the case and evidence against you.
Schedule a Case Consultation
If you want to learn more about how our attorneys can help, contact Iowa Defenders, PLLC. We can schedule a case consultation and tell you about your legal options.
