Have You Been Charged With A Drug Possession, Manufacturing, or Delivery Crime in Denton?
I f you have been arrested or charged with a drug crime, you are most likely in a serious predicament. Texas has a reputation for imposing severe penalties on those involved in drug violations. Consequences can range from fines and probation to prolonged prison sentences, comprising offenses at the state and federal level. The penalties are generally predicated on the variety and amount of the drug involved as well as any previous criminal history. Whether it’s possession, manufacturing, or distributing, the repercussions of a drug conviction can have a long-lasting impact on your professional and personal life. It is imperative that you immediately seek a seasoned defense attorney.
The most common arrests for drug crimes in Texas revolve around possession – possession of marijuana, controlled substances, dangerous drugs, and drug paraphilia. However, there is also cultivation and possession with the intent to deliver or distribute. Drug violations involve all varieties of narcotics from marijuana and cocaine to LSD and methamphetamine. They also often involve illegally obtained prescription drugs.
Marijuana Related Trafficking and Possession Crimes
Though laws concerning the medicinal and recreational use of marijuana have and are changing in other parts of the country, Marijuana remains illegal in the state of Texas and many Texans who have legally purchased Marijuana in other states (like nearby Colorado) have found themselves in legal trouble upon returning to their home with such legally-obtained marijuana in their possession.
If you are caught bringing Marijuana into the state, even though it was legally obtained in another, you may be liable to federal trafficking charges. This includes marijuana and marijuana-based products like hashish, oils, and edibles. Charges for importing or delivering marijuana in Texas are as follows:
- A Class A or Class B misdemeanor for amounts of ¼ of a pound or less. The main distinction being that Class A misdemeanor charges result from delivery/importation for which the suspect was paid.
- For any amount greater than ¼ of a pound or less than 5 pounds, you may be charged with a state jail felony.
- For any amount greater than 5lbs, there are escalating felony charges.
- If it is determined the marijuana was delivered to someone enrolled in a secondary school, a second-degree criminal offense may be added to the charges.
The penalties for these charges are as follows:
- Class B Misdemeanor convictions result in jail time of no more than 180 days as well as possible fines of up to $2000.
- Class A Misdemeanor convictions result in jail time of no more than one year as well as possible fines of up to $4000.
- State Jail Felony: From 180 days up to a full 2 years in jail and possible fines of up to $10,000.
- Second Degree Felony: From 2 to 20 years of prison time and possible fines of up to $10,000.
Defending Yourself Against Marijuana Trafficking Charges in the state of Texas
It’s important to remember that there are many possible defenses that can be argued on your behalf when it comes to drug related charges. Hiring an experienced, local attorney who knows the law and has successfully defended other Texans like you against such charges is your best option. The good news is that there are many possible defense arguments that could be mounted on your behalf depending on the specific circumstances of the charges against you. These include, but are not limited to:
- The marijuana in question was not actually “in your possession.” That is, that you are being charged for possession of marijuana that actually belonged to someone else.
- The police had no legal probable cause for their search and seizure.
- The marijuana in question was never intended for consumption by humans.
If your charges involve the alleged delivery to a child, there are arguments that can also be made on your behalf.
The bottom line is this: no matter what charges you may unexpectedly face from bringing marijuana legally obtained in another US state into Texas can be reduced or altogether eliminated with an aggressive defense from an experienced personal attorney. Call our office or fill out the form on this website today to learn more.
Searches And Seizure
In order to obtain evidence to charge a suspect of a drug crime, Law enforcement officials employ a wide range of tactics including informants, surveillance, undercover police activity, and search and seizures. Search and seizures are one of the most challenged issues and are often the center of a defense case. The Fourth Amendment protects a person from unreasonable search and seizures and if this is violated, the evidence can be inadmissible, culminating in a weak prosecution case and possible dismissal.
You are innocent until proven guilty. The law office of Randy Brooks understands how to capitalize on this and fight the State’s case against you. We will aggressively and effectively investigate all circumstances and evidence surrounding your arrest. Having an experienced defense attorney on your side can mean the difference between a case dismissal and a lengthy prison sentence. With our experience, knowledge, and expertise, we can help you secure the outcome you need.
Contact us today for your free initial consultation. Randy Brooks serves clients in Denton County and the surrounding area.