Collin County Psychedelic Mushroom Possession Attorneys
If you were arrested for psychedelic mushroom drug possession, contact the Collin County mushroom crime lawyers at Rosenthal Barbieri today. Here at Rosenthal Barbieri, we have extensive experience defending illegal mushroom possession charges, as well as a deep understanding of the relationship between controlled substances and the laws regarding drug offenses.
You need a knowledgeable psychedelic mushroom possession attorney as soon as possible because Texas has some of the most serious penalties in the country for drug possession. Texas classifies mushrooms, also known as psilocybin, under Penalty Group 2, which carries a minimum sentence of up to two years in jail and a fine of up to $10,000 for possession.
However, the penalties for drug possession cases depend on a variety of factors. Jail time and fines depend on possession quantity, how the drug was stored, whether you had any other paraphernalia, and whether you have past convictions.
As the only law firm in Collin County with two Board Certified Criminal Law lawyers, you can be confident that the attorneys at Rosenthal Barbieri have a proven record of successful drug possession defense.
We will fight with you to make sure your rights are protected and that you get the best possible outcome for your case. If you were arrested for a psychedelic mushroom drug possession in Collin County, call us at (972) 369-0577 today for a free and confidential consultation.
Why You Need a Lawyer
Although Texas has notoriously harsh drug possession laws, there are many possible defenses to a mushroom possession charge. The Fourth Amendment, for example, is often a key component in a drug possession defense since it protects individuals from unlawful search and seizure.
Under the Fourth Amendment, if a law enforcement official discovered the drugs after an unlawful search, then the drugs cannot be used as evidence in the trial. That’s why a lawyer who understands the Fourth Amendment and the intricacies of the law can better defend you in court than you can defend yourself.
If you go to trial with an inexperienced lawyer – or without a lawyer at all – you may end up incriminating yourself, and you may receive a more severe penalty. In a state where you can go to jail for psychedelic mushroom possession, it’s not worth taking that risk.
Our legal team at Rosenthal Barbieri not only understands the depth of Texas laws regarding drug possession, but we also have a proven track record of successfully defending psychedelic mushroom possession charges.
That means we can help you fight for the best possible outcome, whether that’s winning your case or securing a more favorable plea bargain. We’re ready to fight by your side, so call us now at (972) 369-0577 for a free and confidential consultation about your case.
Why Choose Us?
As Collin County’s largest criminal defense law firm, Rosenthal Barbieri has a top-notch criminal defense team. Founding partner Jeremy Rosenthal has won numerous cases and have a number of awards to prove it. He has been named to Texas Super Lawyers in 2019, a prestigious award that goes to fewer than 5% of lawyers in the state.
Other experienced and award-winning members of our team include attorneys like Bo Kalabus. Mr. Kalabus has nearly two decades of experience with a variety of drug possession cases from misdemeanor charges to high-profile felony cases. Not only was Mr. Kalabus named a Top 100 Trial Lawyer by the National Trial Lawyer Association, but he also has an incredible 10/10 Superb AVVO rating.
If you’d like to work with a professional, fair, and experienced legal team with a demonstrated history of winning drug possession cases, call Collin County’s largest criminal defense firm today at (972) 369-0577 for a free consultation. We pick up the phone 24/7, no matter what time you call.
Types of Psychedelic Mushroom Possession Cases We Handle
In Texas, psychedelic mushroom possession charges fall under four different penalty groups. Penalties for psychedelic mushroom possession, which fall under Penalty Group 2 (Hallucinogenic Substances), range from 180 days in jail to life imprisonment, depending on how much you possessed at the time of the arrest. The penalties and possession amounts are classified as follows:
- Less than one gram: Possessing any quantity of psychedelic mushrooms (psilocybin) is a state felony punishable by 180 days to two years imprisonment and/or up to a $10,000 fine.
- One to four grams: Possessing one to four grams of psilocybin is a felony punishable by two to 10 years imprisonment and/or up to a $10,000 fine.
- Four to 400 grams: Possessing four to 400 grams of psilocybin is a felony punishable by two to 20 years imprisonment and/or up to a $10,000 fine.
- More than 400 grams: Possessing more than 400 grams of psilocybin is a felony punishable by five years to life imprisonment and/or up to a $50,000 fine.
Again, possessing any quantity of psychedelic mushrooms is a crime and can lead to years of imprisonment. If you had a significant quantity of psychedelic mushrooms in your possession, prosecutors may try to argue that you had an intent to sell, which may lead to more severe penalties. In any case, it is important to work with a knowledgeable psychedelic mushroom possession attorney who can work to secure the most favorable outcome.
Contact us now at (972) 369-0577 to schedule your free consultation.
Common Psychedelic Mushroom Possession Defenses
Possessing any amount of a controlled substance such as psychedelic mushrooms is a significant crime in the state of Texas. But you are not alone. An experienced psychedelic mushroom possession lawyer can work with you to build a strong defense to win a not-guilty verdict or to secure a better plea deal. Common defenses for psychedelic mushroom possession include:
- The Fourth Amendment: The Fourth Amendment prohibits unlawful search and seizure. That means that if a police officer searches you or your belongings without a warrant and without adequate reason, the evidence is inadmissible and cannot be used against you. If, for example, an officer pulls you over for speeding and then searches your trunk, the officer would be in violation of the Fourth Amendment, which means that any evidence they found can’t be introduced in the court trial.
- Entrapment: If a law enforcement official persuades or coerces you into committing a crime, then this may be considered entrapment. For example, if an undercover officer pressures you into selling them or carrying a stash of drugs, then an attorney may defend you by arguing that you were coerced and therefore entrapped.
- The drugs were not yours: While it may be difficult to prove, one possible defense is arguing that the drugs were planted, or that the drugs were not yours, to begin with. For example, if the police find drugs in your house, but they belong to your roommate, then you may be able to argue that the drugs were not in actual possession of the drugs.
- Crime lab analysis: Even if the police find a baggy with a substance that looks like psychedelic mushrooms, it is up to the prosecution to test and prove that it is. That means that they will have to send this substance to a lab.
- Missing drugs: Sometimes case evidence is lost in transit. In the event that the evidence is missing or lost, the prosecution may not be able to use it in a trial.
Drug offenses in Texas have grim consequences and can lead to jail time. Regardless of your case’s individual details, contact a psychedelic mushroom possession attorney today at (972) 369-0577 to get a free consultation about your case.
Frequently Asked Questions
What is the difference between actual and constructive possession?
In order to charge someone for psychedelic mushroom possession, the prosecution has to prove that you knowingly and intentionally possessed an illegal drug.
There are two types of possession, however. If the police find you with psychedelic mushrooms in your pocket, this is an example of actual possession. In this case, you had drugs on your person. In contrast, constructive possession means that even though law enforcement did not find the drugs physically on you, they were still in a place that you had access and control over (e.g. your car’s trunk).
Constructive possession charges are generally easier to defend since you may be able to argue that the drugs were not yours.
What are the differences between psychedelic mushroom distribution, trafficking, and possession charges?
If you are charged with distributing psychedelic mushrooms, then you are accused of delivering or selling this illegal substance.
On the other hand, you may be charged for trafficking rather than distribution when you possess a large number of psychedelic mushrooms or have previous drug-related convictions.
Finally, you may be charged for possession because you simply have the psychedelic mushrooms in your possession, regardless of the quantity or whether you intend to sell it.
Will I be expelled from college for a psychedelic mushroom conviction?
Illegal drug charges are serious and can have long-lasting implications. While public opinion is softening on drugs like psychedelic mushrooms, students are often expelled for drug-related convictions. Moreover, even if you are not expelled, you may lose eligibility for federal financial aid.
If you or someone you love was arrested for psychedelic mushroom possession, contact us now for a free consultation. At Rosenthal Barbieri, we bring years of criminal defense experience to the table, and we want nothing more than to make sure you or your loved one receive the best legal outcome possible. Call us day or night at (972) 369-0577 or contact us online.