The bail or bond for possession of a controlled substance in Texas depends on the type and amount of the controlled substance and other factors. If you face charges, you will likely learn how much your bail is during your initial appearance before a judge.
A Houston drug possession lawyer from our firm can help you fight for your best interests throughout the criminal justice process. This could include getting your bail reduced, or possibly getting you released on your own recognizance.
Understanding How Bail Works Based on Texas Controlled Substance Laws
Texas has bail schedules that set a general guideline for how much bail or bond might be based on the charges you will likely face. However, the amount and any related conditions could vary from case to case based on other considerations. Some things the judge might consider when setting your bail amount include:
- The severity of the offense, including the drug involved and how much
- Your potential flight risk and ability to leave the area
- Your criminal history
- Your employment status or if you are in school
- If you have family or own a home in the area
- Other connections to the local community
- Whether you pose any threat to the community
When you have an attorney representing you at this early court appearance, we could help your position and argue to the judge to grant bail or issue a lower bail amount.
The possible bail or bond for possession of a controlled substance depends significantly on how the case will likely be charged. This is based on the laws set by the Texas Controlled Substances Act. Under these statutes, possession of a controlled substance can be charged as a misdemeanor, state jail felony, or other felony charges.
For less severe charges, such as possession of less than four ounces of marijuana, the judge might decide you can go home without bail. This is known as a personal recognizance bond. This is especially likely if you have no previous arrest history and strong ties to the community.
Those who have a small amount of prescription medications without a valid script could face several thousand dollars in bail. If you are accused of possessing larger quantities of drugs such as cocaine, heroin, or methamphetamine, your bail or bond could be much higher.
What Is the Difference in Bail and Bond?
Bail is an agreement made between a defendant and the court. The defendant agrees to appear in court when required if the judge will allow them to return home to wait for their next appearance. This agreement is secured with a payment, either in cash or by holding the title or deed to property or a vehicle.
Bail
Bail is when the defendant or a loved one pays the money in full before they are released from jail. They will receive this money back when they appear as required in court.
Bond
Bond requires partnering with a third-party bondsman to post bail. They do this in exchange for a non-refundable fee that the defendant or their family pays. This is generally 10 to 15 percent of the full bail amount.
If someone bails or bonds out and misses a court date, the court will likely issue a bench warrant for their arrest. They will not only go back to jail, but they will possibly face additional charges and forfeit their bail or bond cash or collateral.
When Should I Call a Criminal Defense Attorney After an Arrest for Possession of a Controlled Substance in Texas?
You should call our team as soon as you are arrested for possession. Our team will know if you are eligible to receive a personal recognizance bond and how to obtain it. We can also intercede on your behalf to present strong evidence showing why you deserve a lower bail amount. If necessary, we can appeal the judge’s initial decision and ask for a reduction.
Having an attorney on your side ensures there is someone in your corner who understands this process, how it works, and how to navigate it. You can trust us to protect your best interests.
How Our Team Handles a Texas Possession of a Controlled Substance Case
If you or a loved one was arrested on drug charges, contact a Houston possession of a controlled substance lawyer as soon as possible. The earlier you enlist the help of a defense attorney, the better. Following your arrest, your attorney can fight for a reasonable bail amount, represent you in court appearances, and begin to develop a strong defense strategy.
Sometimes, it is possible to prevent charges from occurring. This requires presenting robust evidence early and showing the case against you is unlikely to be successful. In other cases, the charges might be dropped, key evidence might be inadmissible, or you might receive an acquittal at trial, thanks to the defense strategy.
Your defense lawyer will manage all aspects of your case. It is important to choose an attorney with the experience your case needs. We have that experience.
Discuss Your Case With Us During a Confidential Consultation
Blass Law represents clients facing possession of a controlled substance charges in Texas. Our attorney, Jay Blass Cohen, focuses his practice on these cases. He is an ACS-CHAL Forensic Lawyer-Scientist and certified in forensic chromatography for alcohol and drugs. He knows how law enforcement should handle these cases and can often identify issues with illegal stops, handling of evidence, and testing of the materials they confiscated.
If you or a loved one was arrested or faces charges for possession of a controlled substance, we provide confidential consultations. You can learn more about your options and how a Houston criminal defense lawyer can help. Contact us today.