Drug crime arrests in the United States continue to increase year on year. Despite the proposals to treat drug use as a public health issue or medical issue, Texas is seeing high numbers of illegal drug abuse and drug-related crimes. With such an increase in drug charges, more people are turning to an experienced attorney for support following a drug arrest. Regardless of the crime, every individual has the right to a proper and thorough defense.
At The Love DuCote Law Firm LLC, we can offer some of the best legal representation to protect your rights, interests, and future. A criminal defense attorney from our law office will provide strong defense cases for those receiving drug charges. For the best support for your future, contact our law firm at 832-843-1691.
Which Drug Crimes Can Our Law Office Support?
Our defense attorneys can offer legal advice and representation to those being charged with a drug crime. Drug crimes are criminal charges relating to a controlled substance. There are multiple controlled substances in Texas and depending upon the amount of the drug and what you do with it, depends upon the severity of the consequences.
Our law office can provide support for the following crimes related to illegal drugs.
- Felony drug trafficking.
- Felony drug distribution.
- Drug possession.
- Methamphetamine possession, sale, or trafficking.
- Marijuana possession, sale, or trafficking.
- Cocaine possession, sale, or trafficking.
- Misdemeanor drug charges.
- Prescription drugs – unauthorized possession, distribution, or resale.
Which Drugs Are Illegal In Texas?
Many people within Texas are aware of the more common illegal substances, such as cocaine and heroin. However, there are many other types of illegal drugs within Texas. A drug offense can include both illegal drugs and legal drugs, meaning the improper use of prescription medication can lead to a drug crime arrest. Below are some of the illicit drugs in Texas, it includes but is not limited to:
- Cannabis/ Hashish.
- Bath salts.
- Methamphetamine or Speed.
- Synthetic drugs such as Spice or synthetic marijuana.
What Is A Houston Drug Crime Lawyer?
This type of criminal defense attorney specializes in defending individuals that have committed drug crimes. A drug crime is a crime in relation to a controlled substance. When our drug crime attorneys begin working on your case, they focus on two factors.
Firstly, a reputable defense lawyer will aim to find a resolution to the criminal charges with the best available terms, under the law, and remain fact-driven at all times. Secondly, working tirelessly to protect their client’s future from the long-term consequences of drug charges or convictions. This can be through sealing records or the dismissal of charges, where possible.
Working towards these goals means that college students who are charged with a drug offense can entrust our defense attorneys to safeguard their professional future and academic career. Those in teaching or nursing professions can rely on our expert legal team to defend them in front of disciplinary boards or before state licensing.
This protection of a client’s future is possible when the lawyer can achieve a dismissal of a case or a victory at trial. This is only possible through thorough investigative strategies or the successful suppression motion of documents or information before the trial begins. Even in the event of a guilty plea, our lawyers will remain focused on how to support your future, without this drug charge negatively impacting all aspects of your personal and professional life.
Drug Crime Defenses Commonly Used In Court
There are many contributors to drug crimes that can result in drug charges in Texas. These include selling, possession, manufacturing, distribution, and conspiracy of illegal drugs. There are multiple ways a defense lawyer can defend an individual once they have been charged with a drug crime. Below are many of the common defenses used in Texas drug crime charges
Police Abuse Of Power –
There are multiple ways a law enforcement officer could commit police misconduct. This could be a coerced confession that was false, falsification of drug evidence, and intimidation. Any evidence which has been obtained under an abuse of power can be dismissed and therefore lead to the case being suppressed due to the lack of accurate evidence.
The Legal Use Of Marijuana –
There are many ways a defense lawyer can defend the use of medical marijuana. However, this is only available in states that recognize prescription marijuana; if the defendant appears in a federal court where marijuana is not recognized medically, there is no defense. There are some restrictions available that allow medical marijuana possession, such as the quantity in which a person may possess it.
Illegal Search And Seizure –
Our defense lawyers can find out if a search and seizure was illegal through illegally obtained drug evidence. For example, the United States Federal courts prevent law enforcement from searching a home without a valid warrant or searching a vehicle without probable cause. Law enforcement officers must meet strict requirements and procedures whilst conducting a search warrant. Any evidence that was not legally obtained can be dismissed in court. If there is no accurate evidence presented during a drug trial, the accused is unable to be convicted of the suspected drug crime.
What Are The Felony Drug Crimes In Texas?
In the state of Texas, many drug crimes are felonies – this is due to the nationwide war on drugs and Texas’ strict approach to drug crimes. Furthermore, there are some offenses that are not immediately felonies but can be upgraded under certain circumstances, such as the possession of drug paraphernalia. If you have been arrested for any of the following drug crimes, there is a possibility you could face a felony offense, and therefore it is highly recommended you contact a defense attorney as soon as possible.
Drug Trafficking –
Drug trafficking is a similar offense to drug delivery. It is considered equal to knowingly and intentionally delivering, possessing, or manufacturing a controlled substance. Drug delivery is the transfer of drugs from one individual to another, which can but does not have to, involve a sale.
Drug Paraphernalia Delivery To A Minor –
This crime is knowingly and intentionally delivering drug paraphernalia to a person under the age of 18. This can also include the possession or manufacture of drug paraphernalia with the intention to deliver it to a minor. The offender must be over 18 to be charged with the felony delivery of drug paraphernalia.
Drug paraphernalia is any object that is intended to contain, grow, plant, harvest, cultivate, store, compound, manufacture, produce, convert, test, process, analyze or conceal a controlled substance. It also includes any ways in which the drug can be introduced for human consumption.
Drug Possession –
Drug possession is when an individual knowingly or intentionally possesses an amount of an illegal drug without a prescription. The consequence of this offense is dependent upon the amount of the drug found and which penalty group the drug falls into. This can result in felony drug possession charges.
Prescription Drugs Fraud –
In many cases of this offense, a person commits a felony prescription drug fraud if the individual knowingly obtains, possesses, or attempts to possess controlled substances or an increased amount of controlled substances. This can be achieved through misrepresentation, forgery, fraud, deception or subterfuge of a fraudulent prescription form; this may also be orally or via electronically communicated prescription. More specific cases of this type of drug crime can be found in the Texas Health and Safety Code § 481.129.
Intent To Distribute –
To be charged with this felony – drug possession with the intent to distribute – an individual must be found in possession of illegal drugs with the intent to distribute them to others. This could also be found through the presence of drug paraphernalia such as small plastic bags. The successful delivery of the drugs does not require a sale for a person to be charged with this offense.
Drug Manufacturing –
To be charged with a felony for drug manufacturing, an individual must have been found to be knowingly manufacturing a controlled substance. To manufacture drugs is to compound, produce, convert, prepare, propagate or process controlled substances. This can be both directly and indirectly by the extraction from a natural substance, for example through chemical synthesis. This charge also includes the labeling, relabeling and packaging, repackaging of the illegal drug.
Penalties For Felony Drug Crimes In Texas
The consequences that come with felony drug offenses all depend upon the degree of felony that the drug charge falls into. For example, a conviction for first-degree felony drug manufacturing has more penalties than a state jail felony drug possession. In Texas, each drug offense falls into a felony class as a result of the quantity of the drug and the circumstances of the case. Below are some of the classes for felony drug offenses and the penalties associated with them; the full list is much more extensive but this provides an example for some of the felonies and their associated consequences.
First-Degree Felony Drug Charges –
- 5-99 years in prison
- A maximum fine of $10,000
- Possession with the intent to deliver, between 4-200 grams of a controlled substance in Penalty Group 1
- Possession with the intent to deliver, between 4-400 grams of a controlled substance in Penalty Group 2
- Possession with the intent to deliver, between 200-400 grams of a controlled substance in Penalty Group 3 or 4
- Possession, of between 200-400 grams of an illegal drug in Penalty Group 1
- Drug manufacturing, between 4-200 grams of an illegal drug in Penalty Group 1
- Drug manufacturing, between 4-400 grams of an illegal drug in Penalty Group 2
- Drug manufacturing, between 200-400 grams of an illegal drug in Penalty Group 3 or 4
- Drug trafficking, between 4-200 grams of a controlled substance in Penalty Group 1
- Drug trafficking, between 4-400 grams of a controlled substance in Penalty Group 2
- Drug trafficking, between 200-400 grams of a controlled substance in Penalty Group 3 or 4
Life Felony Drug Offenses Of The First Degree
- 10-99 years in jail or life in prison
- A maximum fine of $100,000
- Possession, at least 400 grams of a controlled substance in Penalty Group 1
- Possession with the intent to deliver, at least 400 grams of a controlled substance in Penalty Group 2, 3, or 4
- Possession with the intent to deliver, between 200-400 grams of an illegal drug in Penalty Group 1
- Drug manufacturing, between 200-400 grams of an illegal drug in Penalty Group 1
- Drug manufacturing, at least 400 grams of an illegal drug in Penalty Group 2, 3, or 4
- Drug trafficking, between 200-400 grams of a controlled substance in Penalty Group 1
- Drug trafficking, at least 400 grams of a controlled substance in Penalty Group 2, 3, or 4
Contact A Criminal Defense Attorney Today
Now you have a thorough understanding of which drugs are illegal and the consequences that come with activities involving these controlled substances, you are better equipped to know how strict Texas drug laws are.
If you have been arrested for any drug offense in Texas, contact The Love DuCote Law Firm LLC today to discuss how we can support your case. Call 832-843-1691 to begin the process of securing a strong criminal defense case for your drug charge.