The Difference Between Cocaine Use and Possession Charges in Texas

If you’re facing charges related to cocaine in Texas, you may be feeling confused, worried, or unsure of what your future holds. Rest assured, you’re not alone. Cocaine-related charges are serious, and understanding the difference between cocaine use and possession charges can significantly impact your defense. At Deandra Grant Law, we know the stress you might be experiencing, and we want to help guide you through the complexities of your case. Our team is here to provide support, clear explanations, and strong legal representation to help you achieve the best possible outcome.

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Understanding Cocaine Use Charges in Texas

Cocaine use charges in Texas typically occur when a person is caught using the drug, either in public or in a private setting. A use charge refers to a person being found with cocaine in their system, indicating they have consumed it. This could happen if law enforcement officers find drug paraphernalia on the person, such as a pipe, needle, or any item associated with using the drug, or if the person is showing signs of being under the influence of cocaine, like erratic behavior, slurred speech, or altered motor skills.

In Texas, using cocaine is a criminal offense, and the consequences can vary depending on factors like whether the person has a prior criminal record or the circumstances under which the drug use was discovered. Being caught using cocaine can result in charges that are serious and carry substantial penalties. These penalties can include fines, probation, or even jail time, depending on the circumstances.

If you’re facing cocaine use charges, it is essential to understand the seriousness of the offense. However, it’s also important to know that there may be various defense strategies that can be used to contest the charges or minimize their impact on your life. The first step is to work with a skilled attorney who can help you explore your options.

Cocaine Possession Charges in Texas

Cocaine possession charges in Texas refer to situations where a person is found with cocaine in their possession, regardless of whether they used the drug or not. This could include being caught with the drug in your pocket, car, or home, or having any amount of cocaine on you at the time of your arrest. In Texas, possession of cocaine is illegal, and law enforcement takes these charges very seriously.

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Texas Attorney Kevin Sheneberger

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Possession charges can vary based on the amount of cocaine involved. Possessing small amounts of cocaine typically leads to a charge of possession of a controlled substance in the penalty group 1, which is classified as a felony. The penalties can be severe, and they increase with the amount of cocaine found. For example, possessing a small amount of cocaine may result in a sentence of up to 2 years in prison, while larger amounts can lead to even more significant penalties, such as lengthy prison sentences and heavy fines.

It is crucial to understand that possession charges in Texas don’t necessarily require proof of using the drug. Simply having cocaine in your possession, even if you didn’t use it, can result in a criminal charge. If you’re facing cocaine possession charges, it’s important to know that there may be legal defenses available, such as arguing that the cocaine wasn’t in your possession or challenging the way the evidence was obtained.

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Key Differences Between Cocaine Use and Possession Charges

While both cocaine use and possession charges involve cocaine, there are significant differences between the two offenses. The main difference lies in the nature of the crime itself. Cocaine use charges are based on the act of consuming the drug, while possession charges are based on having the drug in your possession, regardless of whether or not you used it.

Another important distinction is the potential penalties associated with each type of charge. Cocaine use charges typically carry less severe penalties compared to possession charges, as use is considered less serious than possessing a controlled substance. However, both types of charges are still felonies in Texas, and both carry the potential for jail time, fines, and other penalties.

For individuals who are caught with cocaine but not using it at the time, possession charges are more likely to be the primary offense. If you are caught using cocaine, there is still the possibility of facing both use and possession charges if law enforcement finds you with the drug in your possession. This means you could be facing two separate criminal charges, each with its own set of potential consequences.

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Defense Strategies for Cocaine Use and Possession Charges

If you are facing cocaine use or possession charges in Texas, there are several defense strategies that may help reduce or dismiss the charges against you. Each case is different, and a skilled attorney will work with you to develop a strategy based on the unique facts of your case.

One common defense is challenging the legality of the search and seizure. If law enforcement officers did not have a valid reason for stopping you or searching your property, it may be possible to have the evidence against you suppressed. If the evidence is thrown out, the charges may be reduced or dropped altogether.

Another defense may involve questioning the accuracy of drug testing. In some cases, the results of drug tests used to show that a person was under the influence of cocaine may be flawed or unreliable. An attorney may be able to argue that the test results were inaccurate or improperly handled, which could lead to a dismissal of the use charges.

In cases of possession charges, it may be possible to argue that the cocaine was not in your possession. If the drug was found in a shared space, such as a car or a home with multiple people, it may be difficult to prove that you were the one who had control over the cocaine. A skilled attorney can challenge the evidence and work to have the charges reduced or dismissed.

Case Results

Not Guilty

.17 Alcohol Level Was Reported

Case Dismissed

Arrested for DWI

Thrown Breath Score Out

.17 Breath Test

Case Dismissed

Assault Causing Bodily Injury of a Family Member

Case Dismissed

Possession of a Controlled Substance, Penalty Group 3, under 28 grams

Trial – Not Guilty

Continuous Sexual Abuse of A Child

Case Dismissed

Driving While Intoxicated With a Blood Alcohol =0.15

Trial – Not Guilty

Violation of Civil Commitment

Dismissed-Motion to Suppress Evidence Granted

Driving While Intoxicated

Dismissed-No Billed by Grand Jury

Assault Causing Bodily Injury of a Family Member with Prior

Case Results

Not Guilty

.17 Alcohol Level Was Reported

Case Dismissed

Arrested for DWI

Thrown Breath Score Out

.17 Breath Test

Case Dismissed

Assault Causing Bodily Injury of a Family Member

Case Dismissed

Possession of a Controlled Substance, Penalty Group 3, under 28 grams

Trial – Not Guilty

Continuous Sexual Abuse of A Child

Case Dismissed

Driving While Intoxicated With a Blood Alcohol =0.15

Trial – Not Guilty

Violation of Civil Commitment

Dismissed-Motion to Suppress Evidence Granted

Driving While Intoxicated

Dismissed-No Billed by Grand Jury

Assault Causing Bodily Injury of a Family Member with Prior

Facing cocaine-related charges can be overwhelming, but with the right legal support, you can navigate through this challenging time. At Deandra Grant Law, we understand the emotional toll that criminal charges can take on you and your loved ones. Our team is dedicated to providing compassionate and thorough representation, ensuring that you have the best possible chance at a favorable outcome.

Our experienced attorneys will carefully review your case, gather evidence, and explore every available defense strategy to protect your rights. Whether you’re facing cocaine use or possession charges, we will stand by you every step of the way, offering clear guidance and working tirelessly to achieve the best result possible for you.

If you are currently facing cocaine use or possession charges in Texas, don’t wait to get the legal help you need. Contact Deandra Grant Law today to schedule a consultation and learn more about how we can help you with your case. Your future is important, and we’re here to fight for your rights and work towards a successful case result.

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