Highlights:
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- Drug possession charges involve smaller amounts and are often for personal use.
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- Trafficking charges involve larger quantities and evidence of intent to sell.
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- Prosecutors use weight, packaging, and context to decide which to charge.
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- An Arlington drug crime lawyer can challenge how the case is classified.
If you’re arrested in Arlington for having drugs, one of the first questions you’ll face is: Are you being charged with possession or trafficking? The answer can mean the difference between probation and years in prison.
Prosecutors don’t just look at the drugs themselves; they also consider the quantity, how they were packaged, and what else they find nearby. Understanding how these decisions are made can help you and your Arlington drug crime lawyer fight back effectively.
What Counts As Possession In Arlington
Possession means having care, custody, or control of an illegal drug, even if it’s not physically on you. Police only need to show you knew the drugs were there and had access to them.
In Arlington, small amounts of a drug and no signs of distribution usually keep the charge as simple possession. This can still be a felony depending on the drug, but the penalties are generally lighter than those for trafficking. Your Arlington drug crime attorney can often argue that the drugs were meant for personal use, not sale.
What Counts As Trafficking In Arlington
Trafficking is more than just having drugs; it means selling, transporting, or intending to distribute them. Arlington prosecutors look for signs that you planned to move the drugs or make money from them. Here are some of the most common indicators of trafficking charges:
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- Larger drug quantities: more than one person could reasonably use.
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- Packaging materials: like baggies, scales, or divided portions.
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- Large sums of cash, especially in small bills, suggesting sales.
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- Text messages or notes: evidence of deals or customer lists.
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- Crossing county or state lines: transporting drugs can escalate the charge.
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- Links to organized groups: being part of a network or operation.
Even without a sale taking place, prosecutors may still charge trafficking if they believe you intended to distribute. That’s why it’s critical to have an Arlington drug crime lawyer challenge these assumptions early.
Key Differences Between Possession & Trafficking
Understanding how possession and trafficking differ can help you see what prosecutors are really accusing you of and how your Arlington drug crime attorney can respond.
Factor | Possession | Trafficking |
Drug quantity | Small amounts | Large amounts |
Purpose | Personal use | Sale, transport, or distribution |
Evidence | No packaging or scales | Scales, baggies, cash, records |
Penalties | Often misdemeanor or low-level felony | Always felony, long prison terms |
Trafficking charges carry far harsher consequences because they’re tied to distribution and public harm. But just because police suspect trafficking doesn’t mean the evidence holds up, and that’s where an experienced Arlington drug crime lawyer can make a difference.
How Prosecutors Decide Which To Charge
In Arlington, prosecutors look at more than just the drugs to decide whether to file possession or trafficking charges. Texas law sets weight thresholds for different drugs, and anything above those limits can trigger a trafficking charge. For example, even a few grams of cocaine or meth can move you into felony territory.
But weight isn’t everything. Prosecutors also consider the context, if police found scales, baggies, cash, or messages suggesting sales, they’ll likely file for trafficking even if the weight is borderline. Sometimes, people are overcharged simply because of where the drugs were or who they were with.
That’s why it’s crucial to have an Arlington drug crime attorney review every detail and push back when prosecutors stretch the facts.
Penalties For Possession Vs. Trafficking
The penalties for drug charges in Arlington depend on the type of charge, and trafficking always carries much steeper consequences. Here’s what you can expect if convicted:
Possession
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- Fines ranging from a few hundred to several thousand dollars.
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- Probation or short jail sentences for small amounts.
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- Felony convictions and state jail time for certain drugs or higher amounts.
Trafficking
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- Long prison sentences, sometimes 20 years or more, depending on weight and prior offenses.
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- Fines of up to $250,000.
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- Potential federal charges if drugs crossed state lines.
Even a possession conviction leaves you with a criminal record that can hurt your future job and housing opportunities. Trafficking raises the stakes even higher, which is why working with an Arlington drug crime law firm right away can change everything.
Why You Need An Arlington Drug Crime Lawyer
When prosecutors are deciding between possession and trafficking, you need someone who knows how to challenge their assumptions and evidence. We help you by examining every detail — from how the drugs were found to whether the weight and context really prove intent to sell.
Having an Arlington drug crime lawyer by your side means you don’t have to navigate the system alone. We help you protect your rights, negotiate better outcomes, and fight to keep your record as clean as possible. At Arlington Criminal Attorneys, we know the local courts and what it takes to defend you effectively.
Don’t Face These Charges Alone
Whether you’re charged with possession or trafficking in Arlington, the stakes are high, and the difference between the two can mean years of your life. But you don’t have to face these charges without help.
At Arlington Criminal Attorneys, we help you understand what you’re really up against and fight back with a strategy that protects your rights and your future. Call our Arlington drug crime law firm today to speak with an experienced Arlington drug crime lawyer about your case. The sooner you act, the more options you have.
FAQs About Trafficking & Drug Possession
Reading common queries can be helpful to further understand your case and the right approach. These insights better explain how trafficking and possession charges work in Texas. By learning from others’ questions, you can make more informed decisions when navigating your legal options.
Can You Face Trafficking Charges Without Selling Drugs?
No, you have the right to remain silent. Politely tell the officer you want to speak with an attorney before answering any questions.
Can I Get Out On Bail After A Drug Crime Arrest?
In many cases, yes. The court sets bail based on the charge and your history, and your lawyer can often help argue for a lower amount.
Should I Accept The First Plea Deal Offered?
Not without speaking to an attorney. Early plea offers are usually in the prosecution’s favor, and a lawyer can often negotiate something better.
How Soon Should I Call A Lawyer?
Immediately. The sooner you get an Arlington drug crime lawyer involved, the more options you’ll have to fight your case.
Can I Still Be Charged If The Drugs Weren’t Mine?
Yes, but that doesn’t mean the charge will stick. Your lawyer can challenge the evidence and show you didn’t actually possess or control the drugs.
Furthermore, having an Arlington drug crime law firm that can answer such questions can positively impact your case. Their experience and track record allow them to guide you through intricate legal matters. They ensure the proper defense strategies and protect your rights throughout the legal process.