Heroin Possession Lawyer in Friendswood

Are you currently facing criminal charges for possession of heroin? In Texas, drug offenses are treated seriously and prosecuted vigorously by the state. Heroin is a deadly opioid that is among the most restricted substances in the state. If you are being charged with heroin possession, you deserve competent and effective legal counsel. 

The Law Offices of Tad Nelson has been a reliable legal name in Friendswood since 1994. We have represented clients in over 500 jury trials. Our heroin possession lawyers in Friendswood can help you answer the charges against you and put together a strategy for your defense. 

Contact our offices today to speak to a Friendswood drug crime lawyer

Why You Should Hire a Criminal Defense Lawyer in Friendswood

You should always work with a Friendswood criminal defense lawyer when facing criminal charges, especially drug charges. Texas has strict drug laws, and offenders can face severe punishments. Drug offenders may face extended prison sentences and high fines. 

When the stakes are so high, you should have a dedicated professional to protect your rights and freedoms. The Law Offices of Tad Nelson can be your legal advocate, working to defend your innocence and challenge prosecutorial overreach. We will use every resource available to preserve your freedoms and liberties to the greatest extent possible. 

Penalties for Heroin Possession in Friendswood

Under the Texas Controlled Substances Act, heroin is classified as a Penalty Group 1 substance, so heroin possession penalties are among the highest under the law. Exact penalties for heroin possession depend on the quantity of the drug, so the higher the amount, the greater the degree of charges. In general:

• < 1 gram: State jail felony – 180 days to two years in prison
• 1 to < 4 grams: Third-degree felony – two to ten years in prison
• 4 to < 200 grams: Second-degree felony – two to 20 years in prison
• 200 to < 400 grams: First-degree felony – five to 99 years in prison
• 400 grams or more: Enhanced first-degree felony – ten to 99 years in prison

These penalties can be enhanced based on aggravating factors, like the sale or transfer of held drugs. 

Enhanced Criminal Charges

Drug possession charges can be upgraded to an intent to distribute if you are caught with more than a certain amount. The exact amount depends on the case, but large quantities are one piece of evidence prosecutors can use to prove an intent to distribute controlled substances. 

Other evidence that can prove intent includes supplies for packaging, weighing scales, cash, and records of drug transactions (e.g., ledgers, text messages, phone notes, etc.).

Potential Defenses Against Heroin Possession

Below are some of the most common types of legal defenses a heroin possession lawyer in Friendswood can use to push back against criminal charges.

Lack of Knowledge

Drug possession charges require you to knowingly possess the drug to secure a conviction. Say you share a car with a housemate who stashed some heroin in the glove compartment. If you were pulled over and the police found the drugs, you could argue that you lacked any knowledge of the drugs.

Illegal Search and Seizure

Police and prosecutors must follow very specific rules when investigating crimes and gathering evidence. If they break any of these rules, like illegally seizing property, then a lawyer can work to have the criminal charge dismissed or seized evidence thrown out of court. 

Faulty Lab Analysis

Chain of custody errors and faulty lab techniques can cause a sample of something to be read as heroin, even when it’s not. If there are discrepancies in any lab analysis of heroin-like substances or tests for heroin metabolites, we can push back against your criminal charges. 

Drug Treatment Alternatives to Incarceration

In Texas, non-violent drug offenders may be able to attend a drug court in lieu of incarceration in a state facility. Drug court supervision may be an alternative to a prison sentence in a heroin possession case. If the amount was small and you have no prior criminal history, a lawyer can negotiate with the prosecution and explore alternatives to prison. 

As part of drug court programs, offenders undergo weekly supervision visits, drug testing, and treatment sessions for one year to 18 months. In some cases, completion of a drug court program can result in a case being dropped. Drug court can also be part of the terms of supervised probation instead of prison. 

Contact The Law Offices of Tad Nelson for Help From a Heroin Possession Lawyer in Friendswood

Drug crimes are among some of the most harshly punished in the state, so you should hire a dedicated attorney to defend you against the charges. The Law Offices of Tad Nelson can be your legal advocate and protect you from criminal prosecution and state overreach. We can intervene at any stage of criminal proceedings to provide our services. 

Contact our offices online or call today to schedule a free case consultation with a heroin possession lawyer in Friendswood.