Drug Possession: Heroin

Possession of heroin is a serious crime and penalties are severe under Texas law. The drug is considered highly addictive, so the possession of it leads to harsher consequences than minor drugs. Texas drug laws are some of the harshest in terms of penalties after a conviction. According to the website of the Mark T. Lassister, a drug possession charge may affect the personal relationships and professional future of the convicted person.

The following shows the maximum penalty charges under Texas law:

Amount of Heroin Offense Classification Prison Sentence Fined Penalty
Less than 1 gram State Jail Felony Up to 2 years $10,000
1 gram- 3.99 grams 3rd Degree Felony 2- 10 years $10,000
4 grams- 199 grams 2nd Degree Felony 2- 20 years $10,000
200 grams- 399 grams 1st Degree Felony 5- 99 years $10,000
More than 400 grams Enhanced 1st Degree Felony 10- 99 years $100,000

Many heroin possession cases end in plea agreements. This means that the defendant pleads guilty to the drug charges in return for a lesser sentence than would be given if the case went to trial. Plea agreements often result in little to no jail time in minor possession cases or first time offenders.

Another sentencing alternative is also drug court. These courts are specialized to handle drug related cases. They are designed to promote rehabilitation instead of forcing the defendant to a prison sentence. While the drug courts are an alternative to prison time, they are no less intense. Most require constant supervision and regular random check-ins through their drug court programs. These courts are more helpful to defendants seeking help for drug problems.

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Facing Accusations of Criminal Activity

Any act that violates the law is considered a criminal act, or crime. Anyone who has acted against the laws practiced within the country or region will be legally liable and punished according to the crime committed. Criminal charges can be a heavy burden for anyone to carry, and it can affect the person throughout the rest of their lives. In order for an act to be considered a crime, two distinct factors should be present: mens rea (guilty mind) referring to the plan and regard of committing a crime, and actus reus (guilty action) which is the actual deed of committing the criminal act. As long as these two factors are established and when it is violating the law it can be considered a criminal act.

In order to protect citizens from criminal acts, and in order to have a set of punishments for those who have committed them, criminal law is made. Because of the complexity and opposing nature of criminal laws, aside from minor cases it is required to have a lawyer to help with the defense for the case. Living in Texas, a Dallas criminal lawyer may be the only way to ensure that the criminal charges brought against you will be settled or with minimal penalties. Criminal charges carry with them the possibility of severe penalties such as hefty fines, imprisonment, or even death. Having someone who understands the law may be the only way you can protect and enforce your rights after being charged.

The way a criminal case will end depends on a number of factors, mainly according to the evidence presented in court and the testimonies given by the witnesses. Usually criminal statutes are interpreted based on past similar cases, and those who have been charged would need the help of their lawyers, such as an Austin criminal attorney, to prevent their clients from further compromising themselves. The right to avoid self incrimination is granted in the constitution, and the help of an attorney can do a lot to help you make sure you exercise that right as best you can. Criminal cases are generally brought to court, and in order to have proper representation and having equal opportunity to defend yourself, a lawyer will be necessary.

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