If you are currently facing Texas drug charges, a conviction could mean months or years in jail and a large monetary fine. And you will have a permanent criminal record as a lifelong reminder of your crime.
To protect your rights under the law and help secure a more favorable outcome, you need a drug crime lawyer in Garland to handle your case.
At the Law Offices of Randall B. Isenberg, we work tirelessly on behalf of our clients facing charges for Texas drug crimes. Call us today at 214-696-9253 for help.
What are the Texas drug crimes laws?
The Texas Controlled Substances Act details the state’s laws concerning drug crimes, including possession, delivery, and manufacturing.
The statutes are extensive and complex, covering approximately 100 pages of definitions, charges, and penalties.
The three primary categories of Texas drug crimes are as follows:
Under Texas law, drug possession means intentionally or knowingly possessing a controlled substance. Possessing means having illegal substances in a pocket, backpack, purse, or in a location you control such as your house, your school locker, or your vehicle.
Texas drug manufacturing statutes include mixing, preparing, cooking, growing, or otherwise producing an illegal or controlled substance. You may also face charges if you buy or possess ingredients that you could use to manufacture a substance.
In Texas, drug delivery charges apply to any person who knowingly or intentionally gives, sells, transfers, traffics, or distributes a controlled substance to another person.
What are the penalties for drug crimes in Garland?
Drug possession charges and penalties depend on the category and quantity of the illegal or controlled substance in question. Enhanced charges may apply depending on the circumstances of your arrest and your past criminal record.
Possessing between four and 200 grams of a Penalty Group 1 or between four and 400 grams of a Penalty Group 2 drug carries second-degree felony charges. Possessing no more than 28 grams of a Group 3 or a Group 4 drug carries misdemeanor charges.
Some Garland drug crimes do not include mandatory jail time. However, most penalties range between 6 months in jail and 99 years/life in prison. Fines range from $2,000 all the way up to $100,000.
Marijuana possession charges start with a class B misdemeanor for less than two ounces (up to 6 months in jail and a $2,000 fine) and increase accordingly depending on the quantity in possession.
And, although the penalties for drug possession in Texas are harsh, the penalties for manufacturing and delivery are significantly worse.
Drug delivery (sometimes called drug dealing or trafficking) penalties vary based on the substance and quantity in question; however, the charges can go as high as a first-degree felony that carries maximum prison time and a stiff monetary fine.
How does the state determine drug crimes charges?
The prosecutor will consider four elements when determining how to charge you for a Texas drug crime. Those elements are as follows.
Type of drug or controlled substance
Quantity of drug or controlled substance
The circumstances of your arrest
Any past criminal history
The circumstances of your arrest that may lead to more serious charges include the location of your arrest and whether a minor child was present. Specifically, drug crimes committed in posted drug-free zones and school zones will net you the maximum possible penalties.
Which substances can lead to drug charges in Garland?
In the relevant statutes, many drugs and controlled substances qualify you for charges. And, although most are illegal drugs, some are legal in some cases and illegal in others.
Texas statutes categorize controlled substances into four penalty groups, two of which have subgroups. Although not every possible substance is here, the following are some examples of the drugs contained in each group.
Penalty Group 1
Penalty Group 1-A
|Opiates and opium derivatives, such as codeine/codeine compounds, heroin, cocaine, methamphetamine, crack cocaine, hydrocodone (more than 300 mg), ketamine (i.e., Special K), oxycodone and fentanyl, Rohypnol, GHB||Lysergic Acid Diethylamide (LSD or acid)|
Penalty Group 2
Penalty Group 2-A
|Hallucinogenic drugs, such as PCP, MDMA, ecstasy, mescaline, hallucinogenic mushrooms (i.e., psilocybin) and “bath salts.”|
Depressant/stimulant compounds, including amphetamine and methamphetamine salts (e.g., Adderall, Vyvanse), Quaaludes
|Synthetic marijuana (Sold under various street names, including Spice, K2, 24k Monkey, Buddha, Red Magic, etc.)|
Penalty Group 3
Penalty Group 4
|Stimulant and depressant drugs, and some narcotics, including Ritalin, alprazolam (Xanax), Klonopin, Ativan, clonazepam, diazepam, valium, hydrocodone (less than 300 mg), barbiturates, anabolic steroids, human growth hormone (HGH) and testosterone||Narcotic compound with nonnarcotic active ingredients, including morphine, difenoxin, motofen, codeine, opium, buprenorphine, butorphanol, and pyrovalerone|
How can a lawyer help me fight Garland drug crime charges?
If you face charges for a drug crime in Dallas County, your lawyer can explain all of the options available to you.
Your choices typically involve either pleading guilty to the charges filed against you, fighting your charges in court, or letting your lawyer try to negotiate with the prosecutor for reduced charges or, ideally, a dismissal of all your charges.
To do so, we will attempt to identify weaknesses in the state’s case. Depending on the weaknesses, we might be able to convince the prosecutor to drop the charges entirely or offer you a plea bargain.
Or, if you have no prior convictions on your record, you may qualify for the Dallas County DIVERT drug court program. The DIVERT court is a diversionary program that, once you complete the program, allows the state to dismiss your charges.
Call a Garland drug crime lawyer today.
Facing Texas drug crime charges on your own is never a good idea.
Attorney Randall Isenberg has more than three decades of experience in the criminal justice system. And, as a former felony prosecutor and state district court judge, Randall brings a unique perspective to your defense.
The Law Offices of Randall B. Isenberg offers a free consultation and case review for drug possession, manufacturing, and delivery charges to help you understand your options. Contact us today to schedule an appointment: 214-696-9253.