Defense Attorney of Drug Crimes in Austin, TX
Drug crimes in Texas are governed by the Health and Safety Code. They vary in offense ranging from Class B misdemeanor possession of marijuana to first degree felonies. The health and safety code also covers the manufacture and delivery of controlled substances.
Infringement of the drug laws in Texas can begin with a simple charge of possession of a controlled substance and can end with a conviction of selling illegal drugs. Of all the different laws that protect the public concerning drug crimes, there are three that merit some additional clarification: possession of a controlled substance, selling illegal drugs, and possession of drug paraphernalia.
Depending on the amount and type of substance you are accused of possessing, you could face punishment of up to one year in jail and a $4,000 fine at a minimum, and up to 99 years in prison and a $50,000 fine at a maximum. Apart from this, after any amount of jail time is served, your license can also be suspended up to 6 months. As an experienced attorney who is familiar with local drug laws, I can help defend your case if you have been charged with possession.
Selling Illegal Drugs in Texas
Selling and delivering drugs are the same in Texas. That means if you give any amount of a controlled substance or a counterfeit controlled substance, then you have committed drug delivery. In the case of marijuana, this could mean a from up to one year in a county jail or a maximum of up to 99 years in prison and a $100,000 fine depending on the amount.
Possession of Drug Paraphernalia
What is drug paraphernalia? It’s anything that can be, has been, or will be used in the manufacturing and packaging of a controlled substance. Pipes and bongs are the most common evidence used to originate a possession of drug paraphernalia charge. Beginning as a Class C misdemeanor and escalating quickly to a Class A, it’s a serious charge that has negative consequences for your record. Call today to learn more about possession of drug paraphernalia in Texas.
How Do You Defend Against Drug Charges?
It varies significantly from case to case how I handle drug charges. One thing they all have in common is the search that led to the police discovering the substance. Sometimes it’s a warrant if the person is operating a grow house or is manufacturing controlled substances. Other times the search arises out of an arrest for another charge such as driving while intoxicated. How my client came in contact with the police and whether or not that contact was legal or violated any of their rights is always the starting point of my analysis.
I keep current on all recent search and seizure laws. Police frequently make mistakes during drug searches, or when obtaining and executing warrants, that can ultimately make the evidence they seize inadmissible. Other defenses may depend on the county the defendant is charged in, the circumstances surrounding the arrest and the amount of the drug. Sometimes I can negotiate a dismissal of the charge if the client takes classes or enters a treatment program. In other instances, I have to use every legal defense at my disposal to try to keep the client out of jail and save their criminal record.
When selecting an attorney to handle your drug charge, it is also important to consider whether they frequently practice in the county where your case is pending. This ensures they will be familiar with any local programs that may be employed in your defense as well the traditional legal defenses. I encourage you to call and set up a free consultation if you have a pending drug charge in Travis, Williamson, or Hays County.