Prescription Drug Charges
The use of prescription drugs in the United States has risen sharply in the past decade. In fact, there are well over 7 million individuals who use prescription drugs without a doctor’s authority, and drug overdose deaths have more than tripled since 1990. With alarming statistics, there tends to be a reaction by national and state legislatures to amend or develop laws in order to curb such high levels of drug use.
The state of Texas is seeing its own increase of illegal prescription drug use and has extremely punitive laws on the books that severely punish those who are caught without a prescription. Simple possession of certain controlled substances is considered a felony, which is a charge normally reserved for violent or repeat offenders in most other circumstances. This has lead to many individuals convicted of prescription drug possession having to deal with harsh consequences in many aspects of their life, be it social, professional or financial.
This is what makes the defense of such allegation a paramount importance. Not only are you fighting for you freedom, you are also fighting for your future, both of which are essential in achieving your own version of the American dream. With a felony conviction, you will have a permanent criminal record that will disqualify you from the ability to vote, run for public office, receive certain types of government assistance or enter certain professional industries.
There are simply too many negative ramifications to drag your feet on this legal issue. With the help of an aggressive and experienced criminal defense attorney, you can argue the charges and fight as long as it takes to clear your name and move on with your life.
Houston Prescription Drug Attorney
The defense of a felony needs to be comprehensive, exhaustive, detail-oriented and proactive. All of these terms describe the type of representation you will get when working with Matt Horak, a Houston drug defense attorney. Matt is well versed in Texas drug laws and has argued many similar cases throughout his career, giving him the necessary experience to handle your case in a productive and confident manner.
With a strict adherence to collecting every possible fact or relevant detail in your case, Matt will do all that he can to make certain you are represented in a fashion that leaves nothing to chance. The outcome criminal proceeding usually hinges on a few specific facts. He considers the research and preparation for a case to be an extremely important aspect of the case, allowing him to focus on finding and analyzing the few major details that truly have an effect on the outcome. This enables Matt to develop the most useful defense strategy possible for your particular situation.
Offering cost-effective and transparent representation, Matt knows that this is both a difficult and complicated time for you (and your pocketbook) and has developed his practice accordingly. His services are undertaken with the intent to provide excellent customer service that is centered on helping you through a dark period of your life, rather than being primarily concerned with the monetary gain from legal counsel.
This altruistic stance on representation has allowed Matt Horak to help many individuals and families throughout Southeastern Texas. This includes residents near his two office locations, in both Houston and The Woodlands, in addition to the cities of Katy, Conroe, Baytown, Sugar Land, Alief, Liberty, Pasadena, Spring and Humble, among many others.
Taking pride in a quick response time, Matt Horak will immediately begin working on your case after a initial consultation. To discuss the details of your alleged offense with Matt, please call (713) 225-8000 or send an online message today.
Common Prescription Drugs
There are countless prescription drugs that people abuse and become addicted to. Some of the more common prescription drugs found on those arrested for possession of a controlled substance without a prescription include:
- Xanax
- Ocycontin
- Adderall
- Ritalin
- Vicodin
- Hydrocodone
- Lortab
- Valium
- Percocet
- Darvocet
- Concerta
Prescription Drug Law in Texas
Prescription drugs in Texas are considered controlled substances, which places them under the umbrella of the Texas Controlled Substances Act. This legislation denotes the classification of all drugs that are considered dangerous for use without a prescription. Unfortunately, the common prescription drugs that individuals in Texas are found in possession of, are primarily considered Schedule I substances (otherwise known as Penalty Group 1) bringing the most severe sanctions.
According to §481.115, a person commits the offense of possession of a substance in Penalty Group 1 if:
The person knowingly or intentionally possesses a controlled substance listed in Penalty Group 1, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice.
A possession charge is classified by the amount found on the individual at the time of arrest. The more the amount, the more enhanced the charge will be. For instance, it will be considered a state jail felony (up to 2 years in state jail and / or up to $10,000 in fines) if the individual is found less than one gram.
It is considered a felony of the third degree (up to 10 years in state prison and / or up to $10,000 in fines) if the individual is found with more than one gram but less than four.
if the individual is found with 4 grams but less than 400 grams, it is considered a felony of the second degree (up to 20 years in state prison and / or up to $10,000 in fines).
It is considered a felony of the first degree (up to 99 years in state prison and / or fines up to $10,000) if the individual is found in possession of 200 grams or more but less than 400 grams.
If the individual is found with 400 grams or more of a controlled substance, the offense is punishable by imprisonment in the institutional division of the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, along with a fine not to exceed $100,000.
Horak Law | Harris County Prescription Drug Arrest Lawyer
No matter what you are caught with, even if the amount is minuscule, Texas police are authorized to arrest you on sight. Even a single pill can lead to a felony charge against you. The punitive nature of these laws are meant as a deterrent but has commonly resulted in many in otherwise law-abiding individuals to be dealing with a charge that is usually reserved for rapists and murderers.
This disproportionate sentencing is unfair and Horak Law has been fighting for individuals who have been unlucky enough to be charged with such a crime. Matt Horak is a criminal defense attorney in Houston committed to protecting his client’s constitutional rights and goes above and beyond the call of duty to make certain that you are treated in a just manner throughout this stressful legal proceeding.
To schedule a confidential consultation to go over the details of your case and to see if Matt Horak can help you fight these charges, please call (713) 225-8000 today or send an online message. His representation extends throughout Southeastern Texas, including Harris County, Montgomery County, Fort Bend County, Waller County, Liberty County, Brazoria County.
