DRUG CRIMES FAQ
What drugs are illegal in Texas?
Drugs in Texas are regulated by the Texas Controlled Substances Act. There are four classes of drugs with different consequences, with marijuana in its own category separate from the four.
Is selling drugs a felony in Texas?
Yes, distributing or trafficking drugs in Texas is considered a felony. There is a range of charges within this category, ranging from a state jail felony to a first-degree felony. The type of felony you’re charged with depends on the amount of drug you’ve sold and the type of drug.
What is considered a drug free zone in Texas?
In Texas, a drug-free zone is any area within 1000 feet of a public or private elementary school, secondary school, or preschool. Possession of drugs within these zones can result in more serious consequences.
Your punishment is automatically increased by one degree if you are found in possession in these zones. You also won’t be able to accrue any good conduct time while incarcerated.
What is Texas’ code of criminal conspiracy?
Texas Penal Code 15.02, Criminal Conspiracy, provides that a person committed criminal conspiracy if, with intent that a felony be committed:
He agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense; and
He or one or more of them performs an overt act in pursuance of the agreement.
What elements must be proven for conspiracy?
In order for a person to be found guilty of conspiracy, the prosecution must provide evidence that supports the facts while meeting certain elements. Federally, it must be shown that an agreement was made voluntarily and that the conspiracy was understood. It must also be tried that at least one indisputable act was taken in abetting the conspiracy. The act in question must be substantial and related to the conspiracy.
What are some defenses that could apply to my case?
To fight a drug conspiracy charge, challenging the state’s evidence is an incredibly strong defense. There are three additional defenses that could be successful in certain conspiracy cases. These include:
Renunciation, or an affirmative defense that calls for an obstruction of the execution of the conspiracy and complete voluntary abandonment of the agreement.
Withdrawal, or informing all co-conspirators that you are withdrawing from the conspiracy and have no intention of taking part in the criminal act. This often causes other co-conspirators to withdraw as well.
Impossibility, or co-conspirators agreeing to commit an act that they believe is illegal but is in fact not illegal. This defense is less likely to be used.
Do you have experience in conspiracy cases?
At the law office of Phillip A. Linder, we have experience defending clients in conspiracy cases involving a broad range of drug-related crimes, including the following:
What qualifies as drug trafficking?
Drug trafficking is qualified as the transporting, storing, importing or exporting, and manufacturing or selling drugs illegally. This can include substances such as cocaine, marijuana, MDMA, prescription medications, and more.
In Texas, drug trafficking is considered a high penalty, and the crime is not taken lightly. If you’ve been charged with drug trafficking, Phillip A. Linder can help defend your case.
Is selling drugs a felony in Texas?
Depending on the quantity of drugs sold in Texas, it may be considered a felony. For example, selling anywhere from 7 grams to 5 pounds of an illegal drug is deemed a felony.
Additionally, selling any amount to a person under the age of 18 is a felony as well. You will also get anywhere from two to 20 years in jail and a $20,000 fine.
What is the most used drug in Texas?
The most commonly used drug in Texas is marijuana. Second is cocaine and heroin takes third place. These drugs have been seen more and more across the state and the drug crime rates have continued to grow.
If you’ve been caught with illegal drugs, an attorney like Phillip A. Linder can help fight your case. He’s on your side and can get you the least amount of penalties as possible.
Where is the most drug trafficking?
Drug trafficking is happening across the entire world, but it’s definitely more prominently occurring in certain regions in Central America. Specifically, there are large amounts of drug traffickers along the Guatemala–Honduras border.
In the US, drug trafficking comes straight from the Mexico border. The Western and Southern Districts of Texas are among the top five districts sentencing drug trafficking offenders today.
Does a simple possession go on your record?
If convicted, a simple possession will permanently be on your criminal record unless you qualify to have the charge expunged or request an Order of Nondisclosure (also called Texas record sealing).
An Order of Nondisclosure seals your record for the public domain. Only certain government agencies can view sealed records. A charge can be expunged if:
You’re found not guilty
The case was dismissed
If convicted of a state crime, you have the option to apply for clemency, also known as a governor’s pardon. Federal crimes are pardoned by the President of the United States.
How can a felony be dropped to a misdemeanor?
A felony can be reduced to a misdemeanor through a plea bargain. The defendant and the prosecutor work out a deal where the defendant will receive a lesser sentence in exchange for pleading guilty.
If there were mistakes made by the arresting officer, some of the evidence may be deemed inadmissible in court, meaning it can’t be used against you. In this situation, your crime may be decreased from a felony to a misdemeanor.
If you aren’t sentenced to prison and have no prior convictions or expunged convictions, you may be able to seal your record and lessen your conviction to a misdemeanor. To qualify, you’ll need to be on “good behavior” throughout your probation. You’ll have to prove that you’re making positive changes in your life and staying out of trouble.
Having your charges knocked down to a misdemeanor is vital if you want to pursue certain careers, vote, or own a gun.
What are the pros and cons of a plea bargain?
The judge and prosecutor may find it appropriate to strike a plea bargain to decrease the number of cases that receive a full trial, thereby reserving state resources. You have the right to a trial, or you can agree to the plea bargain if you qualify. There are benefits and risks associated with a plea bargain.
Reduction in charges – from a felony to a misdemeanor
The trial will be over
You can’t appeal the conviction
If you accept the plea bargain, you’re admitting guilt in most cases
A jury won’t see the evidence and decide the outcome
The judge doesn’t have to follow the plea bargain agreement
What is possession of a dangerous drug in Texas?
A dangerous drug is any substance that requires a doctor’s prescription and isn’t considered a controlled substance. Examples of dangerous drugs are Xanax and Valium. However, the most addictive drugs fall into the category of controlled substances and include heroin, methamphetamine, and morphine.
Possession of a dangerous drug can lead to fines and incarceration and can be considered a misdemeanor or a felony, depending on the situation.
Possession of less than 28 grams of any combination of dangerous drugs is considered a Class A misdemeanor in Texas. A conviction could lead to a maximum fine of $4,000, suspension of your driver’s license for 6 months, and up to one year in county jail.
A felony charge would include possession of 28 grams or more of any combination of dangerous drugs. The penalties vary depending on the amount of drugs you’re charged within your possession.
How do you beat a drug possession charge?
In some cases, it is possible to fight against drug possession charges and obtain an agreeable outcome. It may not be able to be completely “beat,” but Mr. Linder can deliver you with the best possible results.
What is the mandatory minimum sentence for drug possession in Texas?
A mandatory minimum sentence for drug possession in Texas is considered a “Class A” or “Class B” misdemeanor. This generally means a person caught with an illegal or controlled drug can go to jail for anywhere between 180 days and two years and pay a fine as little as $4000.
Again, your minimum sentence for drug possession all depends on the type and number of drugs involved. A qualified drug attorney like Phillip A. Linder can help defend your case with a minimum sentence.
Can a possession of a controlled substance charge be dropped?
If you’re charged with possession of a controlled substance, you may be able to get it dropped if it’s your first offense. If you’re a first-time offender, you can complete a drug diversion program or drug court to get it dismisses.
Phillip Linder can help lessen your charges and potentially get you to this court decision. Give our office a call today to get started with a free case review.
How do you prove constructive possession?
In order to convict a person of constructive possession, the state of Texas must prove that the person held under belief knew that the drugs were illegal and present, plus that they had dominion over them.
Proximity to the drugs is normally not enough to convict someone in this type of case and you can have a fair fight if this is your case. Contact Mr. Linder if you’d like someone with experience in defending drug crimes to represent you.
Is possession of marijuana a felony in Texas?
If you’re arrested with more than four ounces of marijuana in Texas, it’s considered a felony. The potential charges include fines of $10,000 to $50,000 and anywhere from two to ten years in prison, depending on the specific amount in your possession.
Is possession of marijuana a criminal offense?
Although the laws regarding marijuana vary from state to state, it’s a criminal offense to possess the drug in Texas. Depending on the amount you’re arrested with, you’ll likely be punished with hefty fines, a suspended driver’s license, or even prison time.
Does possession of marijuana stay on your record?
Unfortunately, getting convicted for the possession of marijuana will stay on your criminal record forever. The charge or charges can’t be removed, which may pose a significant obstacle to your future even after you’ve completed your sentence.
For example, you may not be able to get a job, enlist in the military, or secure a loan because of your record. That’s why it’s crucial to get legal help before it’s too late.
What happens when you get charged with possession of marijuana?
Depending on the amount you’re arrested with, you may get off with a fine or you could spend several years in prison. It all depends on the circumstances of the arrest and whether you’re suspected of intent to sell.
If you’ve been arrested for marijuana possession near Dallas, call Phillip A. Linder for the experienced legal defense you need. He’ll pursue every possible angle to preserve your rights and protect your future.
Is possession of cocaine a felony in Texas?
Yes — even possessing less than a gram of cocaine is a felony in the state of Texas. The degree of the felony and the attached penalties increase depending on how much cocaine you’re arrested with. If you’re charged with cocaine possession, our Dallas drug attorney will fight tirelessly to preserve your legal rights and achieve the best possible outcome for your case.
What are the penalties for possession of cocaine in Texas?
The minimum sentencing for cocaine possession is a $10,000 fine and up to 2 years in prison, though some counties offer diversion programs to reduce your sentence.
The more cocaine you’re arrested with, the more severe the penalties will be. Possessing 400+ grams of cocaine is an enhanced first-degree felony that can result in a $100,000 fine and 10 to 99 years in prison. That’s why it’s crucial to retain the services of an experienced criminal defense attorney like Phillip A. Linder.
What are controlled dangerous substances?
Controlled dangerous substances, known as CDS, are substances with high potential for abuse and severe physiological or physical dependence. These drugs include heroin, cocaine, meth, and marijuana. The compounds used to manufacture the following drugs are also included: narcotics, synthetic steroids, depressants, and stimulants.
Which substances are in the four penalty groups?
In Texas, possession of a controlled substance carries different charges depending on the type and amount of the drug, and the intent to sell. Substances are divided into four groups of drugs:
Penalty Group 1: cocaine, mescaline, ketamine, methamphetamine, opioids, opium derivatives of opiates (including heroin), psilocybin, and comparable hallucinogens
Penalty Group 2: PCP, ecstasy (MDMA), hashish, and other cannabinoids derived from cannabis or marijuana
Penalty Group 3: opiates and opioids not listed by Group 1, as well as anabolic steroids, benzodiazepines, sedatives, and prescription drugs
Penalty Group 4: opiates and opioids not listed by Group 1 or 3, along with chemical compounds and some prescription medications with potential for abuse
What constitutes drug manufacturing?
The state law of Texas defines manufacturing a controlled substance, or drug, as the compounding, conversion, preparation, processing, production, or propaganda of a controlled substance. This includes a number of factors, such as:
Direct or indirect involvement in chemical synthesis
Extraction from natural substances or synthesis and extraction
Packaging or repackaging of a controlled substance
Labeling the container used
Why should I seek legal guidance?
If you’re accused of manufacturing a controlled substance, it’s crucial to seek legal guidance and establish a strong criminal defense. An attorney can help you understand your rights and options, as well as reduce potential charges. Being accused of this crime is a serious charge in the state of Texas and can cause detrimental effects to your future ⎼ you’ll want an experienced attorney like Phillip Linder by your side.