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Did you know that Texas has some of the toughest drug laws in the country? Penalties for violating these laws include driver’s license suspension, monetary fines, a permanent criminal record, and serious jail time. If you or a loved one has been arrested for a drug crime, it is important to consult an experienced Harris County, TX, lawyer that specializes in criminal law to help defend your case and avoid the severe consequences that come with a conviction. Read on to get the answers to some of the most frequently asked questions about drug laws in Texas. What Is a Drug Crime? A drug crime is any type of legal violation that involves a controlled substance. A controlled substance is defined as any type of drug that has the potential for misuse including both illegal and prescription drugs. The following are some of the most common types of drug crime convictions: - Possession
- Distribution
- Manufacturing
- Trafficking
What Are the Penalties for a Drug Crime Conviction? Drug crimes carry some of the most serious penalties in criminal law. These crimes are typically classified into 3 categories: misdemeanors, gross misdemeanors, and felonies. Depending upon the category, penalties for drug crimes may include the following: - Monetary fines
- Driver’s license suspension
- Mandatory drug testing and treatment
- Probation
- Permanent criminal record
- Prison
What Factors Are Considered in Sentences for Drug Crimes? When determining the penalty for a drug crime, Texas courts will consider the following factors before sentencing the violator: - Type of drug: The Controlled Substances Act classifies all drugs into 5 groups, with group 1 including the most dangerous drugs and serious penalties.
- Quantity of drug: Penalties for drug crimes will increase according to the amount of drug possessed.
- Purpose for which the drug is used: Simple drug possession is typically considered less severe than other types of drug crimes, including manufacturing, intent to distribute, or trafficking.
- Location of the drug: Violations are considered more severe if they take place in specific locations, including schools and day care centers.
- Other legal offenses: Penalties for drug crimes may be more severe if drugs are found in combination with other types of crimes, such as theft, assault, or conspiracy.
- Past convictions: Previous criminal convictions may be taken into consideration when sentencing for drug crimes.
What Are the Possible Defenses to Drug Crime Charges? There are very few possible defenses for drug crimes. Claiming to be ignorant about Texas drug laws is never a viable defense. Depending upon the specific situation, some of the most common defenses for drug crime charges include the following: - Coercion: The defendant was coerced under the threat of bodily injury or death.
- Incapacitation: The defendant was incapacitated at the time of the crime. This defense may include involuntary intoxication or mental incapacity.
- Control: The defendant was not actually in control of the substance or paraphernalia at the time of the arrest.
How Do I Find the Right Drug Crimes Lawyer? If you or a loved one has been arrested for a drug crime, it is essential to consult a Harris County, TX, lawyer that specializes in criminal defense. These legal experts have expert knowledge of both state and federal drug laws and can help you avoid the serious penalties associated with the violation of these laws. Begin your search for the right drug crimes lawyer by obtaining trustworthy referrals. Check reputable legal referral websites like findlaw.com, lawyers.com, or martindale.com for listings and reviews of certified criminal lawyers in your area. Next, verify that each potential candidate is certified by the National Association of Criminal Defense Lawyers to ensure that they have the necessary credentials and experience to represent your case. Lastly, meet with several qualified candidates to find an advocate that you will feel comfortable working with.
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