Possession Of Dangerous Drugs In University Of North Texas Case

Law enforcement has conducted its third arrest of a person related to the University of North Texas basketball team. The individual who was arrested was charged with engaging in organized criminal activity and possession of a dangerous drug. In addition to this individual, law enforcement has arrested the team’s former student manager on charges of engaging in criminal activity and possession of marijuana and another former player on marijuana charges. The organized criminal activity in question involves asking two women to exchange sexual services for money. Law enforcement’s investigation began due to a residence hall assistant who reported online that the crimes had occurred at an off-campus apartment. This charge is an example of a case that involves charges of possession of a dangerous drug.

Applicable Law in the State of Texas

Texas law defines dangerous drugs as any drugs that are unsafe for self-medication and that are included in the Schedule I to V class of drugs, as outlined by the Texas Controlled Substances Act. To be considered in possession of these drugs, a person must intentionally and knowingly possess the drug. Intentionally means that a person willingly possesses the drug, while knowingly refers to individuals who are aware of the dangerous nature of the drugs. These drugs do not need to be on a person’s immediate person to be considered in their possession but possession could also occur if the drugs were among a person’s belongings.

Penalties of a Dangerous Drug Conviction

It is important to understand that a dangerous drug conviction can result in significant penalties. In nearly all cases, possession of a dangerous drug is classified as a Class A misdemeanor that can result in individuals facing a fine of up to $4,000 as well as up to one year in jail. Additionally, a person can face up to six months of a suspended driver’s license and required educational classes or community service due to a dangerous drug possession charge. The stigma of a criminal record can also create substantial obstacles for a person regarding employment.

Potential Defenses

There are some potential defenses that can be raised in a charge of possession of a dangerous drug. Law enforcement must prove that the dangerous drug was in the person’s possession. Another common defense is that the dangerous drug was discovered by law enforcement as the result of an unlawful search or seizure. As a result, a skilled attorney can often help create a strong defense to this charge by arguing that the drug was not in the person’s possession at the time of the arrest. In addition to creating a strong defense, a skilled attorney can also help make sure that a person must attend educational classes or perform community service rather than face a large fine or prison sentence.

Obtain the Services of an Experienced Family Law Attorney

When arrests occur, the assistance of a skilled family law attorney can prove to be particularly helpful. Consider contacting an attorney at Wheeler Law Office LLC today.

(image courtesy of Mark Solarski)