When it comes to drug crimes, the state of Texas has strong laws in place. If you are charged with possession, delivery or distribution of drugs, you may face felony or misdemeanor charges depending on the severity of the crime. Considerable amounts of fine, suspension of your driver license, tarnished criminal record and possible jail time are some of the consequences of drug crime conviction. An experienced criminal attorney can help you fight your drug crime charges and minimize the repercussions.
Drug Crimes – What Does the Law Say?
Texas is a border state. Strict anti-drug laws and harsh penalties are employed to safeguard the citizens when it comes to drug crimes. Both federal and state laws cover the drug crimes in Texas and most drug violations are listed under the Texas Penal Code. The detailed penalties and finer print of the law is deciphered by The Texas Controlled Substances Act.
Unlawful possession of small amount of prescription drugs or marijuana usually leads to comparatively light misdemeanor charges, however you can be charged with serious felony for the possession of large amounts of any drug or even a small amount of dangerous drugs like cocaine and heroin. A state felony charge can lead to penalty of anywhere between 180 days to life in prison and a fine of up to $250,000.
Following factors are considered by a Texas court when determining the appropriate penalty for drug possession or delivery:
- The type of drug
- The amount of drug in possession
- The purpose for the possession of drug
- Location of the violation
- How the drug was stored or concealed
- Drug possession along with paraphernalia
- Accompanying offences and crimes such as conspiracy, theft or assault
- Past convictions/prior offences
How Can an Experienced Lawyer Help?
As soon as you are charged with a drug possession charge, you have to contact a skillful and experienced lawyer in Texas, who can help you understand the ins and outs of the concerned laws and defend you in the courtroom. A talented criminal lawyer can help you exercise the following defense strategies:
- You attorney can prove in court that you were coerced or forced to commit the drug crime under a severe bodily threat.
- You were incapacitated, involuntarily intoxicated or mentally insane at the time of criminal incidence.
- You were not the one in possession or control of the substances or paraphernalia at the time of arrest.
- Police violated your constitutional rights and did not fulfill the warrant requirements properly.
If the police did not follow the proper procedures while investigating or arresting an accused, violating their statutory rights, a good criminal lawyer can present a Motion to Suppress the Evidence Hearing in the court. This may result in the judge throwing out all the evidence as it was obtained through unlawful means. Similarly if your lawyer succeeds in proving that you did not have knowledge of the illegal drugs being in your possession, you may not have to face penalties.
If defense strategies fail to work and you are convicted, a good criminal lawyer can help you take advantage of the diversion programs. If you are a first time offender, you may be eligible to get your charges dropped in exchange for completing drug treatment and education programs as well as community service. On the completion of the program your conviction will be erased from the record.
Drug offenses can lead to serious implications. When charged with possession, delivery or distribution of drugs in Texas, it is imperative to hire the services of a competent criminal attorney like the Law Firm of Aaron W. Perry, PLLC. Our experienced team of skilled lawyers is ready to thoroughly evaluate your case and come up with solutions to help with your predicament.