Dallas Drug Crime Attorney

Dallas Drug Crime Attorney: Your Defense Against Drug Charges

A Dallas drug crime attorney can immediately help you understand the drug-related charges against you. Naturally, it is urgent to establish the perimeters of your drug case to map out your legal options. For example, drug trafficking, possession of illegal substances, and possession of drug paraphernalia are all unique cases. This article will give you an overview of drug possession in Texas and help you know your next steps.

Drug addiction is increasing across the United States. Texas is not exempt from these numbers. According to the National Institute on Drug Abuse, 1 in 10 Texans struggles with either drug abuse or drug dependence. This number is only increasing as time goes on. With drug addiction comes crime. Many people steal or engage in other illegal activities to get money to buy drugs.

Other times, people may be under the influence of drugs and make poor decisions that lead to criminal charges. In 2019, a total of 128,000 people committed drug violations in Texas.

Drug crimes in Texas can fall under two main categories: possession and distribution.

Possession Of A Controlled Substance

The Texas Health and Safety Code Section 481.002(39) defines possession of a controlled substance as “the actual, constructive, or intentional possession of a controlled substance listed in schedules I through V or Penalty Group 1, 2, 3, or 4.” The statute lists the penalties for drug possession based on the type and amount of drug found in the person or property of a suspect.

Drug Types & Possession Penalties In Texas

The penalties for drug possession in Texas depend on the type of drug you are caught with. The drugs are divided into Penalty Groups. The Penalty Groups are listed below.

Penalty Group 1: includes drugs like heroin, cocaine, methamphetamine, and oxycodone. Possession of these drugs can result in a felony charge with a prison sentence of 180 days to 2 years. It also carries a fine not to exceed $10,000.

Penalty Group 2: includes drugs like codeine, hydrocodone, and marijuana. Possession of these drugs can result in a felony charge with a prison sentence of 180 days to 2 years. In addition, it carries a fine not to exceed $10,000.

Penalty Group 3: includes drugs like diazepam and anabolic steroids. Possession of these drugs can result in a Class A misdemeanor charge with a jail sentence of up to 1 year. Further, it imposes a fine not to exceed $4,000.

Penalty Group 4: includes drugs like alprazolam and Xanax. Possession of these drugs can result in a Class C misdemeanor charge. Also, it comes with a fine not to exceed $500.

Possession Of Drug Paraphernalia

In Texas, it is also a crime to possess drug paraphernalia. This is defined as “equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packing, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of this chapter.” Possession of drug paraphernalia is a Class C misdemeanor punishable by a fine not to exceed $500.

It is essential to know what the drug charges are against you so that your Dallas drug crime attorney can map out the legal options. An experienced criminal defense attorney can help you navigate the criminal justice system and protect your rights.

Dallas Drug Crime Attorney Defense – Drug Possession

If you face drug possession charges, there are a few defenses your Dallas drug crime attorney could raise on your behalf. Some of these defenses are listed below.

You were not in actual or constructive possession of the drugs. It means that law enforcement officers did not find the drugs on your person, and you did not have control over them. For example, police officers found the drugs in a car you were riding in. However, that car belongs to someone else. Then, you would not be guilty of possession if your Dallas drug crime attorney could successfully prove this claim.

The Drugs Were Not Yours. This defense is a claim that the drugs belonged to someone else.

You Had A Valid Prescription For The Drugs. If you had a valid prescription for the drugs, you would not be guilty of possession. However, the number of drugs should not exceed your prescribed amount.

The Police Conducted An Illegal Search & Seizure. If the police searched your home or car without a warrant or probable cause, any evidence they found resulting from that search would be inadmissible in court. The prosecutor would not be able to use that collected evidence against you.

The Drugs Were Planted. This defense means that the police officers planted the drugs to frame you.

The Stop Was Illegal. This claim means the police did not have a valid reason to stop you. Any evidence obtained as a result of the stop would be inadmissible in court if the stop is deemed unlawful.

The Police Did Not Read You Your Miranda Rights. If the police questioned you without reading your Miranda rights, anything you said to them could not be used against you in court.

These are just a few examples, an experienced Dallas drug crime attorney will know which defenses apply to your case and how to protect your rights best.

Distribution Of Controlled Substances

It is also a crime to sell or distribute controlled substances in Texas. The penalties for distribution depend on the type and amount of drug involved.

Distribution Of Penalty 1 Drugs

Penalty 1 drugs include heroin, LSD, and methamphetamine. The sale or distribution of less than one gram of these drugs is a state jail felony punishable by 180 days to 2 years in jail. It also comes with a fine not to exceed $10,000.

Next, the sale or distribution of more than one gram but less than four grams is a third-degree felony punishable by 2 to 10 years in prison. Also, it carries a fine not to exceed $10,000.

In addition, the sale or distribution of more than four grams but less than 200 grams is a second-degree felony punishable by 2 to 20 years in prison. Further, it imposes a fine not to exceed $10,000

Distribution Of Penalty 2 Drugs

Penalty 2 drugs include Cocaine, Ecstasy, and Ketamine. The sale or distribution of less than one gram of these drugs is a state jail felony punishable by 180 days to 2 years in jail. It also carries a fine not to exceed $10,000.

Further, the sale or distribution of more than one gram but less than four grams is a third-degree felony punishable by 2 to 10 years in prison. Also, it imposes a fine not to exceed $10,000.

Lastly, the sale or distribution of more than four grams but less than 400 grams is a second-degree felony punishable by 2 to 20 years in prison. In addition, it carries a fine not to exceed $10,000.

Distribution Of Penalty 3 Drugs

Penalty 3 drugs include codeine, hydrocodone, and Xanax. The sale or distribution of fewer than 28 grams is a state jail felony punishable by 180 days to 2 years in jail. It also carries a fine not to exceed $10,000.

On the other hand, the sale or distribution of more than 28 grams but less than 200 grams is a third-degree felony punishable by 2 to 10 years in prison. Also, it imposes a fine not to exceed $10,000.

Further, the sale or distribution of more than 200 grams but less than 400 grams is a second-degree felony punishable by 2 to 20 years in prison. Further, it carries a fine not to exceed $10,000.

Distribution Of Penalty 4 Drugs

Penalty 4 drugs include prescription drugs that have a low risk of abuse, such as diazepam (Valium) and alprazolam (Xanax). The sale or distribution of fewer than 28 grams is a state jail felony punishable by 180 days to 2 years in jail. It also carries a fine not to exceed $10,000.

Next, the sale or distribution of more than 28 grams but less than 200 grams is a third-degree felony punishable by 2 to 10 years in prison. In addition, it imposes a fine not to exceed $10,000.

Also, the sale or distribution of more than 200 grams but less than 400 grams is a second-degree felony punishable by 2 to 20 years in prison. Further, it carries a fine not to exceed $10,000.

Dallas Drug Crime Attorney Defense – Distribution Or Trafficking

If you are facing drug distribution or trafficking charges, you need an experienced Dallas drug crime attorney by your side. The consequences of a conviction are severe and can include years in prison and hefty fines. An experienced criminal defense lawyer will know the technicalities of building a good defense.

The defense for drug trafficking will be similar to that of a drug possession charge. Your Dallas drug crime attorney will explore every possible option to get the charges against you reduced or dismissed.

If you are facing drug charges in Dallas, the best legal move is to contact an experienced Dallas drug crime attorney as soon as possible. Drug crimes carry severe penalties, and you need someone on your side who can help you navigate the criminal justice system and protect your rights. The Medlin Law Firm has successfully defended clients against all types of drug charges and can put their experience to work for you. Contact them today for a free consultation.