Fort Worth Possession of Dangerous Drug Defense Lawyer

Knowledgeable Defense Attorney for Possession of Dangerous Drug Charges in Fort Worth, TX

Not all drug charges involve substances like cocaine or heroin. In Texas, you can face criminal charges for having certain drugs in your possession without a lawful explanation, with a real possibility of jail time. To protect your rights, contact a Fort Worth possession of dangerous drug defense attorney and start building your legal strategy today.

At The Meza Law Firm, PLLC, we are well-versed in drug possession offenses. With over a decade of legal experience, Attorney Edwardo Meza is prepared to examine all of the available evidence and the police procedures that led up to the charge when preparing your defense. Do not hesitate to reach out if you have questions about your case.

What Is a "Dangerous Drug" Under Texas Law?

A dangerous drug under Texas law is a drug that is considered unsafe but is not listed as a controlled substance. These medications usually carry a caution label stating that they can only be dispensed with a prescription.

Common examples of dangerous drugs include certain muscle relaxers, antidepressants, blood pressure medications, erectile dysfunction drugs, and antibiotics. Some medical devices, such as hypodermic syringes, can also fall into this category. Many people are surprised to learn that carrying a pill from a friend's or relative's prescription can lead to criminal charges.

How Serious Is Possession of a Dangerous Drug?

Possession of a dangerous drug without a valid prescription is generally a Class A misdemeanor in Texas, carrying up to a year in county jail and a fine of $4,000 or less. Possessing these drugs with the intent to sell them, or actually delivering them to someone else, can bring additional charges and harsher penalties. A drug conviction can also affect employment, professional licenses, student financial aid, and immigration status.

Lawful Explanations for Possession of a Dangerous Drug

Lawful explanations for possession of a dangerous drug often come down to how the person obtained the medication. Texas law allows you to possess a dangerous drug that was dispensed to you by a pharmacist or provided by a licensed practitioner under a valid prescription. Keeping medication in its original pharmacy bottle can help show it was obtained legally, but losing the bottle does not make the possession illegal. Pharmacy records and doctor's notes can also confirm a prescription.

The law also protects certain people and organizations that handle these drugs for legitimate purposes. Examples include pharmacists, doctors, hospitals, researchers, and pet owners holding medication prescribed by a veterinarian for their animal.

Can You Be Charged With a Crime for Calling 911 for a Possible Overdose on a Dangerous Drug?

A person who calls 911 for a possible overdose involving a dangerous drug may be protected from prosecution under Texas law. This defense can apply to the first person who requests emergency help for someone else, as long as they stay at the scene until help arrives and cooperate with medical personnel and police. It can also protect the person who experienced the overdose.

This protection has limits. It may not apply if police were carrying out an arrest or search warrant at the time of the call, if the person was committing another offense, or if the person has certain prior drug convictions. It may also be unavailable if the person used this defense or called for overdose help within the previous 18 months.

Fourth Amendment Violations in Dangerous Drug Cases

Fourth Amendment violations are a common issue in dangerous drug cases. The Fourth Amendment protects people from unreasonable searches and seizures by police. Officers generally need a warrant, valid consent, or another legal exception to search your car, home, or belongings. A traffic stop must also have a lawful basis, and police cannot extend a stop without a valid reason.

If officers found the medication during an illegal stop or search, our attorney can file a motion to suppress the evidence. When a court excludes the drug from evidence, the state may not have enough proof to move forward with the case.

Meet With Our Fort Worth, Texas Possession of Dangerous Drug Defense Attorney

A dangerous drug charge can follow you for years, even when the medication involved seems harmless. At The Meza Law Firm, PLLC, we review how the medication was found, how it was obtained, and whether your rights were respected. Call 817-732-6392 or contact our Fort Worth, TX possession of dangerous drug defense lawyer to set up a no-cost consultation.