The severity of the consequences for a Texas drug possession conviction is well documented. If you are convicted in Harris County, you can face the potential of years behind bars in state or federal prison. And while the threat of incarceration may be on the forefront of your mind, it's worth noting that there are other significant costs related to a drug possession conviction. Some of those costs are monetary, like fines and court costs. But others are the very real consequences of having a felony conviction on your record. These costs will follow you long after your prison sentence is completed.
The costs of a drug crime conviction in Harris County can be great, but it is not guaranteed that you will be convicted. With a strong defense and the right drug crimes defense attorney advocating for you, there is a real possibility that you could be acquitted and avoid any of the consequences that follow a conviction for possession of a controlled substance.
Attorney Doug Murphy has been fighting for those accused of drug crimes in Harris County, Texas for years. His career is built on zealous advocacy and his fearlessness at trial. To discuss your case with Houston's top drug possession defense attorney, contact the Doug Murphy Law Firm, P.C.
The Economic Costs of a Harris County, TX Drug Crime
Economic costs are any penalty that involves the direct payment of money.
Court Costs
If you are convicted of a drug crime, the court can require you to pay for your own court costs. In other words, on top of any other penalties you face, you will have to pay for what it cost the State of Texas to prosecute you. The costs of your case can vary but can add up to more than $1,000 in some cases.
Fines
In addition to court costs, the judge in your case also has the authority to levy a monetary fine against you. The fine in your case will be in addition to any other costs or fees you are assessed. The amount you are fined is up to the judge in your case, but he or she is limited to establishing fines according to the range set by statute and dependent on the type and amount of controlled substance you were in possession of.
The range of fines you could potentially face for possession of a controlled substance depend on what drug penalty group that substance is listed under. Under Texas law, every controlled substance is categorized into one of six penalty groups. The only exception is marijuana, which is treated differently. The drug penalty groups are as follows:
Penalty Group 1
- Cocaine
- Heroin
- Methamphetamine
- Ketamine
- Oxycodone & Hydrocodone (over 300 mg)
- Raw Opium
- Opium Extracts
- Methadone
Penalty Group 1a
- LSD (Lysergic Acid Diethylamide)
Penalty Group 2
- Ecstasy
- PCP (Phencyclidine)
- Mescaline
- Marinol
Penalty Group 2a
- Cannabinol Derivatives
Penalty Group 3
- Valium
- Xanex
- Ritalin
- Clonazepam
- Salvia
- Hydrocodone (less than 300 mg)
Penalty Group 4
- Morphine
- Motofen
- Buprenorphine (an opioid)
- Pyrovalerone
Each penalty group has a minimum and maximum fine that can be applied in your case. Penalty Group 1 carries the stiffest penalties while penalty group 4 carries the lightest. Typically, a conviction for possession of marijuana will have a lighter punishment compared to other controlled substances.
Potential Fines
The potential maximum fines for each penalty group are highlighted below:
Penalty Group 1
- Less than 1 gram — fine up to $10,000
- More than 1 gram and less than 4 grams — fine up to $10,000
- More than 4 grams and less than 200 grams — fine up to $10,000
- More than 200 grams and less than 400 grams — fine up to $100,000
- 400 grams or more — fine up to $100,000
Penalty Group 1-A
Penalty group 1-A concerns only LSD. Penalties vary in accordance with "dosage units" instead of by weight.
- Less than 20 units — fine up to $10,000
- More than 20 units and less than 80 units — fine up to $10,000
- More than 80 units and less than 4,000 units — fine up to $10,000
- 4,000 or more units — fine up to $250,000
Penalty Group 2
- Less than 1 gram — fine up to $10,000
- More than 1 gram and less than 4 grams — fine up to $10,000
- More than 4 grams and less than 400 grams — fine up to $10,000
- 400 grams or more — fine up to $50,000
Penalty Group 3
- Less than 28 grams— fine up to $4,000
- More than 28 grams and less than 200 grams— fine up to $10,000
- More than 200 grams and less than 400 grams— fine up to $10,000
- 400 grams or more—fine up to $50,000
Penalty Group 4
- Less than 28 grams — fine up to $2,000
- More than 28 grams and less than 200 grams — fine up to $10,000
- More than 200 grams and less than 400 grams — fine up to $10,000
- 400 grams or more — fine up to $50,000
Marijuana
- Less than 2 ounces — fine up to $2,000
- More than 2 ounces and less than 4 ounces — fine up to $4,000
- More than 4 ounces and less than 5 pounds — fine up to $10,000
- More than 5 pounds and less than 50 pounds — fine up to $10,000
- More than 50 pounds and less than 2,000 — fine up to $10,000
- More than 2,000 pounds — fine up to $50,000
Attorney's Fees
The risk of trying to defend yourself in court is high. Because the court will hold you to the same standard as an attorney, your best chance for a positive outcome is by hiring an attorney to defend you. But private attorneys don't work for free. In fact, you can expect your attorney's bill to a few thousands of dollars. That price, however, is minor to the costs of a conviction.
License Fees
A cost that is frequently attributed to DWI convictions but often an afterthought in drug crimes cases is the fees related to your driver's license. A conviction for possession of a controlled substance can lead to a suspension of your driving privilege, and you will have to pay all the associated fees with the suspension and fees necessary to get your license back.
The Non-Economic Costs of a Harris County, TX Drug Crime
There are other consequences besides those with a fixed dollar amount, and in many cases, they are the costs that follow you through life the longest.
Loss of Driving Privileges
As we mentioned above, the State of Texas can suspend your driving privileges if you are convicted of any drug offense under state law. Even if you don't have a driver's license, a conviction will prevent the state from issuing you a license for the six months following your conviction. If you do have a Texas license, the State of Texas will suspend your privileges for 180 days.
Loss of Voting Rights
The vast majority of Texas drug crimes are felonies. And if you are convicted of a felony, you can expect to lose several rights that most people enjoy. One of the most obvious is the right to vote. Under Texas law, convicted felons are not allowed to vote. This is the case even after your sentence is complete.
Loss of Right to Own and Use a Firearm
Another constitutional right at risk from drug convictions is the right to own and use a firearm. If you are convicted of a felony, you will no longer have the right to own a weapon or to use it. It is possible to petition the courts to restore your gun rights after your sentence is completed, but this process can be costly and lengthy.
Employment Issues
Now more than ever, employers rely on criminal background checks when they consider hiring a new employee. And if you have been convicted of a drug crime, that conviction will show up on your criminal record.
There's no requirement that an employer can't consider you if you are a convicted felon, but the reality is that many will cross you off their list as soon as they see your criminal record. If you are employed at the time of your conviction, you may also lose your employment regardless of your job performance. And because your criminal record is permanent, a drug crimes conviction could follow you for the rest of your life.
Housing Issues
Potential employers are not the only people interested in your criminal history. A potential landlord may also review your record before agreeing to lease a home or apartment to you. Renting to a felon is at your landlord's discretion, and if he or she refuses to do so, there's nothing you can do about it.
Why Hiring the Best Harris County TX Drug Crimes Lawyer is Important
It should be clear by now that the consequences and costs of a Harris County drug crime conviction are serious. Not only is your liberty at stake, but your ability to live comfortably for the rest of your life is at risk. The good news is that it doesn't necessarily have to turn out that way.
If your defense attorney is able to earn an acquittal in your case, you will leave the court free and clear of a conviction. Doug Murphy has a proven track record of obtaining positive results for his clients. As a Board Certified expert in criminal defense law, he understands what it takes to successfully defend a Harris County drug charge. To discuss your case, contact the Doug Murphy Law Firm, P.C. for a free consultation.
