Texas imposes harsh penalties for drug crimes, including possession, distribution, trafficking, and manufacturing of controlled substances. Charges vary from misdemeanors to first-degree felonies, and without a lawyer, you may risk years in prison even on first offenses. If you are facing charges, our Arlington drug crime lawyer provides a free initial consultation.
Convictions create permanent criminal records, affecting employment and the future. Instead of facing criminal charges alone, let our Arlington criminal defense lawyers leverage their knowledge of Texas’ complex drug laws to protect you. The law office of Randall B. Isenberg specializes in building strategic defenses to negotiate plea deals or mitigate devastating outcomes.
Experience a Diverse Range of Defenses Against Criminal Drug Charges in Texas
The primary benefit of having a top-rated Arlington criminal law firm on your side is the opportunities that may be provided to you to safeguard your future. Our track record of winning results for most criminal drug cases include defenses such as:
Lack of Knowledge or Intent
Under Texas law, you can argue that you lacked the knowledge or intent required to commit the crime you are accused of. Lack of knowledge refers to a situation where the defendant claims they were unaware that their actions were illegal or that they did not possess the necessary knowledge about the specific elements of the offense.
Lack of intent, on the other hand, pertains to situations where the defendant argues that they did not have the deliberate intention or purpose to engage in criminal behavior. There are certain scenarios where this defense is invalid, so it’s best to consult with an Arlington drug crime attorney to confirm which defense best serves you.
Unlawful Search Violations
According to Texas Penal Code Section 38.23, individuals are protected against unreasonable searches and seizures by the Fourth Amendment of the United States Constitution and the Texas Constitution. When the police fail to adhere to these legal requirements, resulting in an unlawful search or seizure, the evidence obtained may be suppressed or excluded from use.
To establish an unlawful search violation, a defendant must demonstrate that their constitutional rights were violated during the search. If your Arlington drug crime lawyer convinces the court that the search was unlawful, the evidence obtained as a result of the search may be deemed inadmissible, weakening the prosecution’s case.
Entrapment
In Texas, entrapment is a defense that can be raised when a defendant claims that they were induced or persuaded by law enforcement to commit a crime they would not have otherwise committed.
If the defendant can establish elements needed to assert an entrapment defense, the burden then shifts to the prosecution to prove that the defendant was predisposed to commit the crime.
Texas Drug Crime Penalties Explained
Texas classifies controlled substances into penalty groups, ranging from Penalty Group 1, which includes the most serious drugs, to Penalty Group 4, which includes drugs with a lower potential for abuse. Here are the general penalties for drug crimes in Texas:
- Possession: Possession of a small amount of a Penalty Group 1 substance, such as cocaine or heroin, can be charged as a state jail felony, punishable by up to two years in state jail and a fine of up to $10,000. Possession of larger amounts or certain Penalty Group 1 drugs may lead to more severe felony charges, ranging from 180 days to life imprisonment, and fines up to $250,000.
- Delivery or distribution: The penalties for drug distribution depend on the type and quantity of the drug, as well as other factors. Delivery or distribution of a Penalty Group 1 substance can result in felony charges, with potential sentences ranging from two years to life imprisonment and fines up to $250,000.
- Manufacture or production: The penalties for drug manufacturing can vary widely based on the type and quantity of the drug involved. Manufacturing Penalty Group 1 substances can lead to felony charges with potential sentences ranging from 180 days to life imprisonment and fines up to $250,000.
- Drug trafficking: Drug trafficking offenses can result in enhanced penalties based on the quantity and type of drugs involved. Trafficking large amounts of certain controlled substances can lead to first-degree felony charges, carrying potential sentences of 10 years to life imprisonment and fines up to $250,000.
- Enhanced penalties: Texas has enhanced penalties for repeat drug offenders and individuals with prior convictions. These enhancements can result in longer prison sentences and higher fines.
These penalties are general guidelines, and the specific penalties can vary based on individual circumstances and the discretion of the court. If facing drug charges in Texas, it is crucial to consult with an experienced criminal defense attorney who can explain your potential penalties and create a tailored defense.
Benefits of Hiring an Arlington Drug Crime Lawyer
Retaining a drug crime attorney to handle your Arlington case increases your chances of experiencing the following advantages:
Potential Alternatives to Incarceration for Drug Crimes
Texas law provides alternatives to prison for certain first-time drug offenses through probation, rehab programs and drug courts under Code of Crim. Procedure Ch. 76. As your lawyer, we may be able to negotiate for deferred adjudication probation. If your offenses involve violence, weapons, or trafficking, we will advise you on any viable options that are available.
Possible Drug Conviction Expungement
Texas Government Code Sec. 411.0728 allows expunction of first-time misdemeanor marijuana possession charges under two ounces upon completing a diversion program. Other possession or delivery charges may qualify for expunction with proof of innocence or wrongful arrest. A trusted Arlington criminal drug attorney will seek out the best solutions that fit your interest.
24/7 Access to Experts
Prosecutors rely on drug identification lab tests to prove illegal substances. But false positives, contamination issues, clerical errors, and non-compliance with scientific protocols have undermined reliability. The drug crime lawyers in Arlington, TX, that we’ll have on your case will employ experts that scrutinize all evidence to raise effective challenges when warranted.
By hiring us, you employ our firm’s network of specialists that serve as additional resources to support your case.
Need an Arlington Drug Crime Defense Attorney?
The complexity of Texas drug laws and procedures makes specialized legal help essential. The qualified Arlington drug crime attorneys of Randall B. Isenberg Law Firm identify issues to aggressively contest charges, pursue alternatives to avoid convictions, or negotiate reduced penalties when possible.
Our expertise, resources, and strategic acumen have produced better outcomes for clients facing devastating drug crime accusations. Don’t settle for less when protecting your future. Contact us today to schedule a complimentary case evaluation.
