Drug offenses have serious implications under Texas law. If you are found with drugs, the possession charges can easily escalate to trafficking allegations. Such a shift can intensify the legal consequences and ruin one’s future. There are various factors that can turn drug possession into trafficking, and knowing them is important to protect your future.
Drug laws keep changing. If you are facing drug charges, it is important to remain updated. Consulting with a knowledgeable and experienced criminal defense lawyer becomes vital at this point. They can help you build a strong defense, identify your errors, and offer personalized care. Meanwhile, read this blog to understand the factors that turn possession into trafficking.
Factors that turn drug possession into trafficking in Texas
Various factors come into play when determining whether a drug possession charge will escalate to trafficking in Texas. They include the following:
1. Quantity of drugs.
The biggest factor that determines whether a drug possession charge will escalate into trafficking is the quantity of drugs involved. Texas law clearly states the quantity needed to classify an offense as trafficking instead of simple possession. This is because the possession of larger amounts indicates the intent to distribute.
For example, possessing less than one gram of a Penalty Group 1 substance may send you to prison on a state jail charge. However, exceeding 400 grams could lead to a first-degree felony. The heavier the quantity, the more difficult it is to win the case.
2. Evidence of intent to distribute.
Intent plays a crucial in determining whether the charge should be of trafficking. If law enforcement finds packaging materials, scales, or cash along with the drugs, it clearly shows that the individual intended to sell the substance. In such a situation, the possession of the drug alone is not enough to fight trafficking allegations.
The presence of the listed items makes it obvious that one was intending to sell. Therefore, there is a need for robust defense strategies to change how the prosecution interprets the evidence.
3. Drug classification.
Another important factor is the classification of the substance. Texas categorizes drugs into various penalty groups, and each has its own legal consequences. For instance, possessing drugs from a higher penalty group results in severe charges and increases the likelihood of trafficking charges being pressed.
Being aware of the specific classification of the drug involved is important for the individual to determine the right legal strategies and defenses.
4. Location of the offense.
The location where the individual was found with the drugs also contributes to whether a charge is classified as possession or trafficking. For example, if the individual was found in an area that is typically associated with distribution, such as schools or known drug hotspots, there are higher chances of trafficking charges.
5. Prior criminal history.
If the defendant has a prior criminal history, they are more likely to get into trouble. This is especially true for people with a history of being particularly surrounded by drugs. If you had been previously convicted, you might receive a more severe punishment or penalty.
Someone with a history of drugs is more susceptible to being charged with trafficking, even if they possessed a minor amount. Legal representation from a knowledgeable and experienced attorney becomes more crucial at this point.
6. Enforcement agency practices.
Finally, the practices and biases of the law enforcement officers play a huge role in how your case is perceived. Some jurisdictions may be more harsh towards drug offenses, leading to rigorous prosecution methods. If you are preparing a defense, understanding the local practices in your jurisdiction is important.
Facing drug charges in Texas?
Being charged with drug offenses, no matter whether it is possession or trafficking, can endanger your future. To ensure that you have the best possible outcome, reach out to a criminal defense attorney in Texas today!