Drug Possession in Texas: Stages, Steps and Timeline

Drug possession laws in Texas are particularly strict, carrying severe penalties for those found guilty. A number of factors can have an impact, however, such as the defendant’s criminal history, as well as the type and amount of controlled substance found in his or her possession. Through the Texas Controlled Substances Act, drugs are categorized into different penalty groups, each of which presents varying degrees of punishment.

Individuals facing charges often panic at the thought of losing their freedom, or find themselves overwhelmed by the legal process that awaits. Understanding the stages, steps, and timeline of any legal case can make a world of difference in easing those anxious thoughts, as a deeper knowledge of Texas’ legal process can help you and your attorney create an effective path forward. Here we’ll look at every step from the arrest to sentencing.

Arrest and Booking

No different than any other criminal charge, a drug possession case begins with an arrest. This will occur if law enforcement finds drugs during a search or a sting operation and takes the individual into custody. The arresting officer is then required to issue him or her a Miranda warning before any interrogation takes place, and only after the individual acknowledges an understanding of their rights and agrees to answer questions can an officer proceed with questioning. The Miranda warning includes the following:

• The right to remain silent and avoid having statements used against the suspect in court
• The right to have a lawyer present
• The additional right to have a lawyer appointed by the state if the suspect cannot afford one
• A request for confirmation that the suspect understands these rights
• A question asking if the suspect wants to proceed with questioning

Following the arrest, police will take the individual to a local jail for booking and collect fingerprints, mugshots, and personal information. The booking stage may include field tests, laboratory analysis, and documentation of the seized drugs. 

Bail Hearing and Arraignment

Following the booking and processing procedures, suspects may qualify for release on bond while awaiting the next legal steps. Within the first 48 hours of the arrest, the individual will appear before a judge, who will inform him or her of the charges against them and set bail. Bail amounts and conditions depend on the severity of the charges as well as the defendant’s criminal history. To avoid any further legal complications, it’s essential that the individual complies with all release conditions and attends any scheduled court appearance.

The case will then advance to the pre-trial phase. Legal aid from a proven criminal defense attorney is a must from this point forward, as your future depends on achieving the most favorable outcome possible.

Pre-Trial Phase

Before the trial begins, both the prosecution and the defense can submit pretrial motions and participate in the discovery process, during which each side exchanges evidence, witness lists, and any other relevant information that could impact the case. The individual’s attorney will diligently assess the evidence, challenge any questionable procedures, and advocate for his or her client’s rights. It’s crucial to have an attorney during this phase to protect your interests and identify any weaknesses in the prosecution’s case. Additionally, the defense may file motions to suppress any evidence obtained illegally, dismiss charges, or request other legal actions to strengthen their case.

Next is plea bargaining and negotiation, where the prosecution and defense may negotiate a plea deal to avoid trial. The defendant might agree to plead guilty in exchange for a reduced sentence or lesser charges.

Trial

If the case proceeds to trial, both the prosecution and the defense will have the opportunity to present their cases before a judge or jury. The process follows these steps:

• Jury selection: The court will issue jury summons to a random pool of people, which the judge and the attorneys will screen via a series of questions, general or specific to the case, to determine their suitability to serve as a juror.
• Opening statements: The court will then communicate the indictment to the selected jurors, and the prosecution and defense will each have the opportunity to present their cases. Each side will then have a chance to present rebuttals.
• Presentation of Evidence: Witnesses are called, and evidence is presented to support each side’s case.
• Closing Arguments: Both parties summarize their positions and try to convince the jury of a decision in their favor.
• Deliberation and Verdict: The judge or jury deliberates and reaches a verdict of guilty or not guilty.

Sentencing and Appeals

During sentencing, the judge or jury will consider various factors, including but not limited to the severity of the offense, the defendant’s criminal history, and any other relevant circumstances before delivering a sentence. Sentences for drug possession charges can vary greatly, ranging from probation to imprisonment, depending on the details of the case.

If the defendant believes there were legal errors during the trial, he or she has the right to appeal the conviction or sentence. In order to appeal, the defendant must submit a written argument to a higher court, which will review the case and determine whether or not a new trial is warranted.