Correctional and civil commitment facilities in Texas have strict rules about what items people can bring into the facility. Facilities designate various items as contraband, such as cell phones, weapons, and drugs, prohibiting them from entering the facility to ensure they do not fall into inmates’ hands and potentially compromise the facility’s security. As a result, a person who brings drugs into jail in Texas may face serious criminal charges for this act. Specifically, what is the charge for bringing drugs into a jail? Individuals may face not only charges for bringing drugs into jail but also potential additional drug possession charges.
Relevant Texas Laws on Bringing Drugs into Jail
Under Texas law, a person commits the criminal offense of prohibited substances and items in a correctional or civil commitment facility if they provide or possess with intent to provide an alcoholic beverage, controlled substance, or dangerous drug to a person in custody in a correctional facility or residing in a civil commitment facility. A person may also violate the statute if they take an alcoholic beverage, controlled substance, or dangerous drug into a correctional or civil commitment facility. Finally, a person violates the statute by possessing alcoholic beverages, controlled substances, or dangerous drugs while in a correctional or civil commitment facility. In addition to a charge of prohibited substances and items in a correctional or civil commitment facility, a person who brings drugs into a jail in Texas may also face charges of drug possession or possession with intent to deliver.
Penalties and Consequences for Bringing Drugs into a Jail in Texas
Texas classifies the offense of prohibited substances and items in correctional or civil commitment facilities as a third-degree felony. A conviction for a third-degree felony carries a penalty of two to ten years in prison and a potential fine of up to $10,000.
Penalties for drug possession or possession with intent to distribute will vary depending on the type of drug a person possesses and the quantity of drugs they possess. Drug possession charges can range from a state jail felony to a first-degree felony, with penalties that include:
- First-degree felony: Life imprisonment, or a term of five to 99 years in prison, plus a potential fine of up to $10,000
- Second-degree felony: Two to 20 years in prison, plus a potential fine of up to $10,000
- Third-degree felony: Two to ten years in prison, plus a potential fine of up to $10,000
- State jail felony: 180 days to two years in state jail, plus a potential fine of up to $10,000
A conviction for offenses stemming from bringing drugs into jail in Texas may also have other long-term consequences, such as receiving a criminal record that appears in background checks that can make pursuing employment, housing, and educational opportunities more challenging due to the stigma associated with a criminal record.
Possible Legal Defenses to Charges of Bringing Drugs into Jail
A person facing prosecution for bringing drugs into jail in Texas may pursue various defense strategies to fight the prosecution’s case and seek a favorable outcome to their charges. Potential defenses in a case involving bringing drugs into jail include:
- Lack of intent: A defendant may claim that they did not have the required culpable state of mind when they brought drugs into a jail, such as when they forgot they had the drugs in a pocket or a bag when they entered the correctional facility.
- Lack of possession: Defendants may challenge the sufficiency of the prosecution’s evidence proving that a defendant had actual or constructive possession of the drugs.
- Valid prescription: A person may assert an affirmative defense under the prohibited substances and items in correctional or civil commitment facility statute by proving that they held a valid prescription for the controlled substance(s) or drug(s) found in their possession.
- Lack of evidence of contraband status: A defendant may deny the contraband status of the substance seized from them by arguing that the prosecution failed to conduct laboratory testing to confirm the substance’s nature.
Defense strategies may also focus on challenging the admissibility of the prosecution’s evidence by arguing that investigators obtained physical evidence or inculpatory statements in violation of the defendant’s rights, such as in an unlawful search or interrogation.
Contact a Criminal Defense Attorney Today
When the police have arrested and charged you with bringing drugs into a jail in Texas, get the experienced legal counsel you need to protect your rights and interests. Call Law Offices of Mark T. Lassiter today at (214) 845-7007 for a confidential consultation with a knowledgeable Dallas criminal defense lawyer to discuss your options for pursuing a favorable resolution to charges related to bringing drugs into jail.
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