POSS CS PG 1/1-B <1G - Galveston Criminal Defense and DWI Attorneys
What does POSS CS PG 1/1-B <1G mean? POSS CS PG 1/1-B <1G is the name of a criminal charge for possession of a controlled substance penalty group one. Penalty group one includes substances like cocaine, methamphetamine, and heroin. Penalty Group 1-B penalty group includes Fentanyl.
So why does my criminal charge say 1-B when I didn't have fentanyl? Because when the jail system in Galveston reorganized its coding for criminal offenses they coded all penalty group 1 and 1B offenses the same. So even if you had regular crack cocaine it will still show up as POSS CS PG 1/1-B <1G.
The <1G part of the offense title means that the amount of the controlled substance was less than 1 gram. This makes the offense a state jail felony.
Less than 1 gram: State jail felony; Punishable by 180 days to 2 years in a state jail facility, and a fine of up to $10,000.
1 gram or more but less than 4 grams: Third-degree felony; Punishable by 2 to 10 years in prison, and a fine of up to $10,000.
4 grams or more but less than 200 grams: Second-degree felony; Punishable by 2 to 20 years in prison, and a fine of up to $10,000.
200 grams or more but less than 400 grams: First-degree felony; Punishable by 5 to 99 years or life in prison, and a fine of up to $10,000.
400 grams or more: Enhanced first-degree felony; Punishable by 10 to 99 years or life in prison, and a fine of up to $100,000.
You can find your loved one's information if they have been incarcerated in Galveston by visiting the Galveston County Sheriff's Office Website here. Find more information about drug charge representation at Galveston Criminal Defense Attorneys by Calling 409-877-4909 or visiting our Drug Crime Page.
Defenses to POSS CS PG 1/1-B <1G in Galveston, Texas
Lack of Reasonable Suspicion for a Traffic Stop
One defense to a POSS CS PG 1/1-B <1G charge is arguing that the police lacked reasonable suspicion to initiate the traffic stop. Texas law requires that officers have specific and articulable facts suggesting that a driver is involved in criminal activity or violating traffic laws. If the stop was made without reasonable suspicion, any evidence found, such as drugs, may be suppressed. The case Ford v. State, 158 S.W.3d 488 (Tex. Crim. App. 2005), demonstrates that stops based on mere hunches or generalized suspicions do not meet legal standards.
Lack of Probable Cause for a Search
Another defense involves challenging the search itself. Even if the stop was lawful, the search must be based on probable cause—a reasonable belief, supported by facts, that the person has committed a crime. Without probable cause, the search is illegal, and any evidence obtained may be inadmissible. This was affirmed in State v. Ford, 537 S.W.3d 19 (Tex. Crim. App. 2017), where evidence obtained without proper justification was excluded from trial.
Lack of Evidence of Possession
A third defense is the lack of sufficient evidence to prove possession. In Texas, possession means having "actual care, custody, control, or management" of the substance. The prosecution must show that the defendant knowingly possessed the controlled substance. If the substance was found in a place accessible to multiple people, such as a shared car or home, proving possession becomes more difficult. In Evans v. State, 202 S.W.3d 158 (Tex. Crim. App. 2006), the court overturned a conviction due to insufficient evidence linking the defendant to the drugs found in a vehicle, highlighting that mere presence is not enough to prove possession. “This is the so-called "affirmative links" rule which protects the innocent bystander — a relative, friend, or even stranger to the actual possessor — from conviction merely because of his fortuitous proximity to someone else's drugs.” Evans v. State, 202 S.W.3d 158, 161-62 (Tex. Crim. App. 2006).
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