You understand the major risks associated with possessing, manufacturing or selling drugs. However, did you know that committing these crimes in certain public areas could enhance the penalties even further? Possessing a controlled substance in a drug free zone can elevate your charges to the next offense level, meaning you’ll face steeper consequences.
If you or someone you know has been arrested for possessing an illegal substance in a drug free zone, then it’s crucial you have legal representation with extensive drug law experience. A drug possession conviction could lead to expensive fines that you must pay out of pocket as well as possible time behind bars. Fight for your rights and freedom by obtaining trusted legal counsel on your side today.
Defense Attorney for Possession in a Drug Free Zone in Austin, TX
Even simple drug possession accusations can alter a person’s life and career. If you were arrested for a controlled substance crime in a drug free zone, then your penalties could be enhanced even more. To learn more about the penalties and protect your rights, we recommend you contact The Law Office of Kevin Bennett.
Kevin Bennett is an experienced drug crimes attorney with years of practice under his belt. He approaches each client with compassion and understanding but knows when it’s time to get aggressive in the courtroom. Set up an appointment with attorney Bennett by contacting the number listed (512) 476-4626. Your first consultation will be completely free and during the appointment attorney Bennett will answer any and all your legal questions.
The Law Office of Kevin Bennett accepts clients throughout the greater Travis County area including Austin, Manor, Pflugerville, Lakeway, Bee Cave, and Lago Vista.
Overview of Possession in a Drug Free Zone in TX
- What Are “Drug Free Zones” Defined Under Texas Law?
- Penalties for Possessing Drugs in a Drug Free Zone in TX
- Travis County Diversion Drug Court
- Additional Resources
What Are “Drug Free Zones” Defined Under Texas Law?
The state of Texas implemented “drug free zones” to deter offenders from committing crimes in certain public areas, especially facilities where children visit often. The reasoning for this enhancement is so children’s spaces such as their school or a video game arcade are free from drugs. The state hopes that these enhancements will also lead to a decline in drug users since children won’t be exposed to controlled substances as early in their life.
The following are drug free zones listed under the Texas Penal Code.
- Within 1,000 feet of an elementary school, middle school, high school, or other types of institutions of higher learning;
- Within 1,000 feet of a public or private youth center;
- Within 1,000 feet of a playground;
- Within 300 feet of a public swimming pool;
- Within 300 feet of a video game facility;
- Within 1,00 feet of any school or school board property; or
- On a school bus.
Penalties for Possessing Drugs in a Drug Free Zone in Texas
Possession of drugs in a drug free zone isn’t a specific crime, but an enhancement to a possession charge. If a person is caught using, possessing, delivering, or manufacturing any controlled substance in or near these zones, then your penalties will be enhanced by one degree. This could be the difference between a misdemeanor and felony charge.
For example, if you possess one-fourth ounce or less then marijuana and receive renumeration for it, you will be charged with a class A misdemeanor in Texas. However, if you possess the cannabis in a school-zone, then your charges will be enhanced to a state jail felony. Your fines will be nearly double the cost and you could be sentenced to two years in a stat jail. This example demonstrates the immense power a drug free zone enhancement has and how it can severely worsen your penalties.
Travis County Drug Diversion Court in Texas
Texas has some of the harshest drug penalties in the nation. As a way to reduce the prison population and stop the cycle of addiction, the state of Texas has created specialty courts for certain offenders. One of these is known as a drug diversion court, which gives the drug offender a chance to choose rehabilitation over incarceration.
If you have been charged or convicted with a felony-level drug crime, then you may be eligible for Travis County’s drug diversion court. The program requires a substance and alcohol abuse evaluation beforehand and if you have an extensive violent record you may not be permitted in the program. If you successfully complete the program, then your charges will be reduced or dismissed entirely. It’s highly advised you gain legal representation to discover if you and your charges qualify for drug diversion court.
Additional Resources
Travis County Drug Court – Visit the official website for Travis County’s Community Justice Services to learn more about their drug diversion court program. Access the site to learn more about the eligibility requirements, the length, the program’s stages and more.
Texas Drug Free Zone Laws – Visit the official website for the Texas Penal Code to learn more about drug free zones. Access the site to find more information the penalties for possessing, selling, or manufacturing certain drugs.
Possession in Drug Free Zones Lawyer in Travis County, FL
If you or someone you know has been arrested for possessing, selling or manufacturing drugs in drug-free zone, it’s vital you have legal representation as soon as possible. The penalties are enhanced greatly if you possess or use drugs in a free zone, which means more fines and an even longer prison sentence.
Fight back with representation from The Law Office of Kevin Bennett. Attorney Kevin Bennett is an Austin-raised resident, so he is passionate about defending the city’s citizens. With extensive experience and skillful defense techniques, attorney Bennett is the right one for you. Call now at (512) 476-4626 to set up your first consultation free.
Kevin Bennett represents people throughout the greater Austin area including Pflugerville, Lakeway, Bee Cave, Lago Vista and Del Valle.
