Dallas Drug Defense Lawyer

Dallas Drug Defense Lawyer – Drug Crimes In The United States

Prosecution Of Drug Crimes

Drug crimes are prosecuted in the United States federal court system. The federal government has broad authority to prosecute drug crimes, including violations of the Controlled Substances Act (CSA). The CSA sets out a comprehensive scheme for regulating controlled substances and making it illegal to possess or distribute certain drugs without a valid prescription or permit.

Federal prosecutors have wide discretion in deciding which charges to file and how vigorously to pursue prosecutions. Drug offenders face lengthy prison sentences if convicted, with penalties that can include life imprisonment for traffickers and 10 years for simple possession convictions. State governments also have criminal laws related to drug offenses, and many states have enhanced penalties for controlled substance offenses that are greater than those provided in the CSA.

Possession

Possession of a controlled substance is a felony offense in Texas. To prove guilty, you must have knowingly or intentionally possessed the drugs. If someone else puts the drugs on you, then you may have a valid defense to the possession charge.

Distribution & Delivery

Distribution and delivery are two key terms used in drug crimes. Distribution means transferring a controlled substance to someone else, including selling the drug. Delivery means physically handing off the controlled substance to the other person. Constructive delivery is when you’re still in control of the drug and facilitate its delivery, even if there isn’t a physical handoff between you and the other person. Constructive delivery can be charged if you manufacture the drugs even if someone else does the actual distribution.

Possession With Intent To Manufacture Or Distribute

The penalties for drug crimes vary depending on the charge but can be very severe. Drug trafficking is a particularly serious offense in Texas and is defined as knowingly selling, purchasing, manufacturing, delivering, or bringing into this state, or being in actual or constructive possession of, a controlled substance or illegal drug. These cases are taken very seriously by the state and can result in lengthy prison sentences.

Drug Paraphernalia

Drug paraphernalia includes anything that helps in the growth, manufacture, creation or use of illegal substances. The term drug paraphernalia includes any equipment, product, or material that is intended to help with the use, manufacture, or sale of drugs.  Texas law provides a long list of possible things that are considered or could be considered drug paraphernalia.

“Precursor” chemicals, can be illegal depending upon the situation of possession and the intentions of the person. This is the case even if they are not illegal in themselves. Texas law lists what chemicals it considers to be precursor chemicals.

Drug-Based DWI

Driving while intoxicated can be caused by alcohol or drugs. The penalties for driving under the influence of prescribed drugs, over-the-counter drugs, or illegal substances are the same as those for driving while intoxicated due to alcohol. A first-time DWI offense may include prison time, substantial fines, and a driver’s license suspension.

Drug Conspiracy

In order to prove a drug conspiracy, the prosecutor must show an agreement or plan between two or more people to violate state or federal drug laws. A drug conspiracy charge is one of the usual ways that alleged drug offenders get charged. If the crime was discussed between two people they could face drug conspiracy charges. The prosecution must have proof that there was an agreement to violate or break a drug law. Each person charged with conspiracy must have known about the proposed agreement.

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