DRUG CRIMES

 
In Texas, drug crimes are one of the most frequently charged and prosecuted criminal offenses.

I represent clients in all types of drug charges including:

• Drug possession: includes all controlled substances such as marijuana, heroin, cocaine, morphine, ecstasy, methamphetamine, and LSD.
• Drug Trafficking:  involves the large-scale transfer, sale, or distribution of  controlled substances.
• Drug Delivering:  charges based on this offense can be as simple as an individual transfer or sale or more complex-scheme involving multiple parties.
• Drug Manufacturing:  manufacturing charges can be premised on any aspect of the drug-making process from obtaining the raw materials to performing the necessary physical or chemical process to produce the drug.
• Possession w/Intent to Distribute:  accusations that fall under this charge are usually based on the amount of drugs in one's possession or actions taken to openly solicit the drug.
  

Possible Punishments

There are a broad range of penalties for drug crimes, and penalties are
different for state or federal charges. Depending on the drug crime charged, penalties can range from a simple Class C misdemeanor (fine only) up to a 1st degree felony (prison).  In addition, penalties may be enhanced for habitual offenders, or for drug crimes committed in certain areas such as school campuses.

If you are a first-time offender, Texas offers deferred adjudication for many
drug crimes. If you successfully complete this program, the charges will be
dismissed. Following the dismissal, I can seek nondisclosure to clear your criminal record.  Typically, it is a subsequent drug conviction, or a failure to meet the requirements of a deferred adjudication or probation that lands you in prison.

Few people are aware of the long-term consequences of a drug crime
conviction in Texas. While you may not face serious criminal penalties for a
first-time drug possession charge, the real consequences come later.  Any
drug crime conviction will harm you in numerous ways: in school, in
employment, seizure of property, and when renting an apartment. People
convicted of a drug crime, including possession of drug paraphernalia, also
face suspension of their Texas driver's license.

Stay out of Jail

It is especially important to secure a release from jail on a first offense. In
my observation, getting out of jail quickly is very important to resolving the
matter quickly. If you stay in jail, there are different procedures that slow
things down and may make outcomes more severe.

But if you act quickly, your case can usually be resolved with much less
serious penalties. For instance, enrolling in a drug treatment program can
convince a judge that you are willing to make a change and avoid getting
into trouble again. Making such a plea early can go a long way toward
minimizing your punishment.

Don't Take Their First Offer

After being in jail for awhile unable to get released on bond, people start to get desperate. Law enforcement knows this, and they take advantage of this opportunity to make what appears to be your best plea offer with little or no jail time. It may look good, but with the assistance of an attorney, you may be able to secure a better plea offer.

Challenging the Evidence

In most drug offense cases, the best alternative is to make a plea and avoid
jail time. But there are times when you can challenge the evidence and
possibly get the charges dismissed. With my experience, I can quickly assess
whether you have a chance to fight the charges in court, and can fight on
your behalf.

If deferred adjudication is not available for you, I will prepare an aggressive
defense. I will set your case for a trial and will do everything I can to get
the drug charges dismissed or obtain a not-guilty verdict. Among the issues
I will investigate prior to trial include:

1.  Was the search and drug seizure legal under Texas and U.S. law?
2.  Were any warrants executed correctly?
3.  Were any informants used?
4.  Were the drugs tested properly to determine if they were an illegal substance?
5.  Was a cutting agent used?