The police found a cap of heroin in my friends house when I was there, can they convict both of us, even if it was in her house?

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The police found a cap of heroin in my friends house when I was there, can they convict both of us, even if it was in her house?

Asked on May 11, 2009 under Criminal Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Drug possession is a serious criminal charge in Texas carrying a wide range of punishments from probation to lengthy prison sentences, depending on the amount of the drug.

The police can charge you with drug possession if they find drugs in your pockets or anywhere else on your body, or they can charge you under a claim of “constructive possession.” That means the drugs were in a place that you normally control or could easily reach. That could be your car, your apartment, or the cushions of a couch where you were sitting when the police entered.

A conviction on drug possession charges could have serious implications for you because of the possibility that you might have to go to jail and pay stiff fines reaching into the thousands of dollars, as well as the possibility the police may seize your car or other property. Drug possession charges can also keep you from certain jobs and professional licenses.

Whether you are charged with felony possession or misdemeanor possession depends on the penalty group and the weight or amount of the drug.  Heroin is classidied as a "Group 1" drug.

Penalty Group 1

WeightClassificationPenalty

Less than one gram

State jail felony

180 days to 2 years in a state jail and/or a fine of not more than $10,000

1 gram or more, less than 4 grams

Third-degree felony

2 to 10 years in a state prison and/or a fine of not more than $10,000

4 grams or more, but less than 200 grams

Second-degree felony

2 to 20 years in a state prison and/or a fine of not more than $10,000

200 grams or more, but less than 400 grams

First-degree felony

5 to 99 years in a state prison and/or a fine of not more than $10,000

400 grams or more

Enhanced first-degree felony

10 to 99 years and a fine of not more than $100,000

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Oh yes... they can charge you and based on the strength of the evidence, your criminal history if any, your friend's criminal history of any, your drug use history, your friend's drug use history, fingerprints, etc, the efficacy of your defense counsel and your friend's defense counsel and whether each of you will have separate counsel, you may very well be convicted by the court should the prosecutor move forward with such charges. 

 

Talk to your lawyer (public defender) or consult with a private criminal defense attorney about the exact charges brought forth or for which you were cited/ticketed/arrested? Try www.attorneypages.com.  


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