The State of Texas is renowned for having some of the strictest drug laws throughout the United States, and Harris County court is known to be tough on drug crimes. If you are facing drug charges, drug possession charges or even federal drug charges, you will need the help of a drug crimes lawyer.
We understand that any criminal charge comes with the potential of long-lasting negative effects, such as financial burden, ruining a career and making it difficult to find employment. Federal court cases in particular can take away your freedom, causing difficulty when securing custody or visitation rights of your children.
From the moment of arrest, the process of being charged is frightening. This is why it is crucial that you have the support of a Houston drug crime lawyer who can guide you through this process, navigating you through the complexities of criminal law.
If you or a loved one is facing criminal charges in Harris County, TX, then it is vital that you get in touch with a Houston criminal defense lawyer as soon as possible. They have a wealth of experience in drug crime cases similar to yours, and can get to work right away in building your defense and improving your outcome in your case.
The Love DuCote Law Firm LLC – Fighting For You
At The Love DuCote Law Firm LLC, we will fight for a favorable outcome. We won’t back down, working constantly until we have done everything we possibly can to protect your future.
Once you agree to representation from us, you will receive an experienced criminal defense attorney who will become dedicated to you and your case. Our detailed knowledge of the Texas criminal justice system coupled with years of experience mean we have seen continuous courtroom success for drug offenses similar to yours. Throughout our many years of practice, we have built up a strong attorney-client relationship and our clients always trust us to get them the justice they deserve, as we aggressively defend them until the end.
From the beginning, our drug crime lawyers will get to know you and your case, guiding you on the best course of action. We will be upfront and honest, making decisions based on knowledge of the Harris County criminal system.
Contact our Harris County law firm today on 832-843-1691.
Types of Drug Charges in Harris County, TX.
If you are facing drug crimes in Texas, it is important to take the time to understand the differences between each drug offense. Possessing an illegal substance, delivering prescription drugs, trafficking and manufacturing are just some of the drug related crimes in the state of Texas. Some drug offenses can be known as a federal drug crime, which will involve federal courts and a potential jail sentence or life imprisonment. Listed below are drug crimes that you could be facing:
- Drug possession — A charge of drug possession will depend on the nature of the controlled substance and the amount that was found in your possession.
- Drug distribution — A charge of drug distribution refers to selling, distributing or having the intention to sell or distribute drugs.
- Drug manufacturing — A charge of drug manufacturing refers to producing drugs, like cocaine or crystal meth, or the materials to manufacture drugs were found in your possession.
- Drug trafficking — A charge of drug trafficking refers to having the intent to sell, possess, deliver, purchase, manufacture or transport a large amount of drugs or controlled substances.
- Prescription fraud — A charge of prescription fraud refers to using a forged or fake prescription to obtain opioids, tranquilizers or certain prescription drugs.
The severity of the penalties for drug crimes will ultimately depend on the type and quantity of the controlled substance involved in the case, but that does not mean it could not reach a federal level. Under the Texas controlled substance act, drug crime charges are a serious offense. For this reason, it is crucial that you contact a Houston criminal defense attorney as soon as possible to discuss state laws and the facts of your case.
Drug Schedules In The State of Texas
All controlled substances in Harris County and throughout the state of Texas fall under different categories that are known as ‘schedules.’ This information is all provided under the Texas Controlled Substances Act of 1973. These are organized based on the overall perceived harm they may have to citizens as well as additional risks. If the illegal drugs are considered more harmful to someone, it will be placed in a higher schedule and such a crime will have more severe penalties. The drug schedules in Texas are as follows:
If you are caught trafficking, in possession or selling a controlled substance in Schedule 1 in Harris County, this falls under federal drug offenses and you will face the federal government for your charges. The controlled substances mentioned in this schedule are all considered to cause the highest risks to members of the Texan public, due to their harm and addictive nature. They are also seen to have no medical purposes. Some of the drugs found in this schedule include:
- LSD (Acid)
- Methamphetamine (meth)
If you are convicted of selling a Schedule 1 drug, it will result as a state jail felony leading to a permanent fixture on your criminal record. Additionally, if you are facing drug possession charges, you could be facing a minimum mandatory prison sentence. If you are found to have 25 pounds of marijuana in your possession at the time of the arrest, this will result in a mandatory minimum sentence of 3 years in jail. This could increase to 25 years if you are caught trafficking 28 to 30 kilograms of heroin.
Controlled substances found in this schedule are drugs that are still regarded as addictive and dangerous, but do pose some medical uses and can be prescribed by a health professional in specific cases. You need proof that the drug involved was part of pharmaceutical drugs you need for your health. Examples of these controlled substances in Schedule 2 are:
Drugs included in Schedule 3 are considered to have some medical benefits, often being prescribed through a medical professional. However, if you are using these substances for recreational purposes without proper medical guidance, they can be both addictive and harmful to a person’s health. Some of these controlled substances include:
- Codeine (under 90 milligrams)
The drugs mentioned in this schedule are not illegal substances or considered to be the most harmful by Texan law, but that doesn’t mean that they aren’t addictive or harmful to those who use them without being prescribed by a Texas health professional. In this penalty group, a lot of these drugs are sold illegally, and you can still face a jury trial with a maximum sentence if you are found to be trafficking a Schedule 4 substance. Examples of Schedule 4 drugs are:
Serious charges for a drug crime with Schedule 5 drugs are much lower due to these substances being used as prescription drugs. They are less of a threat to the general public as they are not as harmful or addictive as the previous schedules mentioned. If you are convicted of a drug offense involving Schedule 5 drugs, the penalties are less severe but you are likely to face misdemeanor charges. Schedule 5 drugs include:
- Cough medicine
What Is The Difference Between Drug Sale and Drug Trafficking?
In Texan law, it distinguishes between drug trafficking and drug selling based on the amount that is found in your possession. If you are found by police officers with a large amount of a controlled substance in your possession, you are likely to face a drug trafficking charge instead of a drug sale charge. If you do not possess a large amount of drugs but law enforcement believes that you have the intention to sell this substance, then you are more likely to be charged with intent to sell. In order to be convicted, the prosecution must have solid proof that you had intended to sell this illegal drug.
Although these charges are less severe than drug trafficking crimes, being convicted of possession with the intention of selling a substance is a breach of federal laws. For example, if you were caught with cocaine possession with the intention to sell, this is a second-degree felony, and the federal court will charge you with 15 years prison time. This is why it is crucial that you contact a Houston drug crimes lawyer as soon as possible and speak with an experienced attorney about your case. They will do everything within their power to get your charges either reduced or instantly dropped.
Possible Defenses For Texas Drug Charges
At The Love DuCote Law Firm LLC, we understand that facing any kind of drug crime is frightening. The law office in the state of Texas is known for being harsh, adopting a ‘no-tolerance’ approach. Regardless of whatever drug crime you are facing, you need a strong and competent Houston drug crimes lawyer in your corner to prevent you from experiencing prison time.
One of our attorneys will get to work right away, building a strong defense for your drug charges on your behalf. Listed below are some examples of defenses that your attorney could use:
- Innocence – It is possible that you have been wrongly accused of your drug charge. The law in Texas is clear that it must be proven beyond a reasonable doubt that you are guilty of either of these drug crimes in order to be convicted. One of our attorneys can help you argue your innocence and demonstrate that you have been wrongly identified.
- A breach of your constitutional rights – It can be argued that the arresting officer breached your constitutional rights during the arrest if they failed to read you your rights.
- Entrapment – If it can be proved that your arrest was a set up by a member of law enforcement, this can be used to eliminate any of your federal charges.
- Unlawful search – It may be the case that the police had no valid search and seizure warrant prior to searching your property. Your drug crime lawyer can argue this on your behalf in court.
Contact The Love DuCote Law Firm LLC Today!
At The Love DuCote Law Firm LLC, we understand the devastating impact that criminal charges can bring. With our experienced attorneys working hard on criminal cases and drug cases similar to yours, we will fight endlessly to make sure your Houston drug crimes are dropped. We will keep you informed about the details of your case every step of the way, instilling the confidence that everything possible is being done to help your case.
As well as Harris County, we cover Fort Bend County, Sugar County, and Houston, so if you or someone you love has been arrested in Texas, then give us a call today.
The criminal defense team here at The Love DuCote Law Firm LLC is made up of highly experienced and respected Texas criminal defense attorneys, also including a former prosecutor. With a track-record of countless victories behind them and a long list of satisfied clients, we will fight aggressively for your freedom.
So get in touch today at 832-843-1691.