Texas law states that you may be responsible for anything in your possession, including a passenger in your car. If your passenger has drugs in their pocket, you may find yourself facing drug possession charges in Houston, even if you were unaware of the drugs.
On This Page
How can I know what someone has in his or her pocket in my car? Am I going to jail if they are searched?
Possession in a Vehicle
In most cases, if someone has drugs or drug paraphernalia in their pocket or on their person, you can argue that you are not responsible. However, if the drugs are in the car — that’s fair game, depending on where the police find the drugs. Police routinely check the following locations:
- Glove box
- Car trunk or truck bed
- Truck tool box
- Under the seat
- Bags or backpacks
- Under the floor mats
As the driver, you must know the people that ride with you and what they have with them. If they have stashed drugs in your car, then you are in possession.
Drug Possession Penalties in Houston
If police search your car and find drugs, you can be charged with possession of a controlled substance. The Texas Health and Safety code governs drug possession in Texas. This is a condensed listing of the most common drugs in each penalty group.
- Penalty Group 1: Cocaine, Heroine, Oxycodone, Methamphetamine, Opium
- Group 1a: LSD
- Group 2: Ecstasy, PCP, MDMA
- Group 3: Valium, Xanax, Ritalin, Anabolic Steroids
- Group 4: Codeine, Morphine
The groups are set from penalty group one to four in order of punishment for possession. The penalties for drug possession charges in Houston vary for each group, along with other factors of punishment. Drug defense attorney Lisa Shapiro Strauss has experience with the complex drug laws in Texas and can assist with a possession charge in any of the four penalty groups.
Get Help from a Houston Drug Possession Attorney
As a drug possession attorney, Lisa Strauss has represented many clients who didn’t know someone put drugs in the backseat of the car, yet the car river was still arrested. If you have been arrested for drug possession in Houston, Texas, call our office today to schedule a free consultation to discuss your case.
The best advice from an experienced criminal defense attorney: know your friends and know what they are up to. If you think something is going on, listen to your instinct. Don’t take a chance with your own freedom.
