Heroin possession is a serious charge. There are serious penalties for this crime in the state of Texas and a person can be looking at some severe criminal penalties. When a person has been arrested and is being charged with heroin possession they need to contact a lawyer right away. Texas has some of the harshest penalties in the country for drug possession so legal representation is necessary.
The penalties will vary based on the quantity of heroin that a person has on their person when they were arrested. The penalties can be as following:
If a person was found with less than a gram they can face up to two years in a Texas State Prison and have to pay a fine of up to $10,000.
If the accused had one gram to 3.99 grams of heroin in addition to the fine they are looking at a two to ten year prison sentence. This is now a felony charge.
If a person was found was arrested and had 4-199 grams of heroin in their possession they are going to be charged with a second degree felony. The prison sentence for this is two to twenty years.
Two hundred to 399 grams of heroin will get a person charged with a first degree felony. They can spend the next five to ninety-nine years in a state prison.
If the accused had more than 400 grams of heroin in their possession at the time of arrest the charge will be an enhanced first degree felony. They are looking at ten to ninety-nine years in state prison.
In addition to criminal charges there are other consequences that a person that is in possession of heroin may face. Heroin possession is a felony. If a person is a convicted felon they lose some of their rights in the state of Texas. A felon loses their right to vote and they cannot own a firearm. They will have their driver’s license suspended for 180 days after they have served their prison sentence. After a person is release they need to complete a 15 hour drug education course. Having a felony on a person’s record for heroin possession can compromise their chances to get stable employment. Many companies do not want to hire felons. It can also be difficult to find a home as people do not want a felon living in their neighborhood. A person may not be able to apply for specific government assistance programs due to the drug conviction.
Why a Lawyer is Needed
A lawyer may be able to help the accused avoid some of the harsher penalties. Many drugs cases can be resolved by the lawyer and the prosecutor reaching a plea agreement. A person will need to admit they are guilty for a more lenient sentence. If a person is a first time offender and was caught with a small amount of heroin the lawyer may help them avoid jail time. A defendant may need to serve a period of probation instead of going to state prison.
Instead of being tired in criminal court a lawyer can help a person transfer their case to drug court. These courts are focused more on rehabilitation than penalty. If a person is eligible for drug court they will need to be under intense court supervision for a person of time. They will need to check in with the court on a regular basis and are subject to random drug testing. Rehabilitation may also be included as part of this program. The program is not easy to get into but an experienced drug lawyer can help their client get the help they need. This program can be helpful to a person with a drug problem and can help them get clean instead of sending them to jail.
When a person is being charged with heroin procession in the state of Texas it is very important they hire an expired drug attorney. This crime carries a harsh sentence. The lawyer will work with their client as well as the prosecution. The lawyer can be able to have the charges reduced and may even be able to help a person avoid going to state prison.