In Texas, even the least serious drug crime can have detrimental effects on your life. In addition to facing jail time, you will also have to pay a hefty fine and potentially face lengthy probation and community service. You will also have a permanent criminal record that can harm your chances of getting a job or a student loan.
A drug crime lawyer in Highland Park — like attorney Randall Isenberg — can protect your legal rights and fight to get your charges reduced or dropped.
Contact the Law Offices of Randall B. Isenberg today for a no-cost, no-obligation case review at 214-696-9253.
The Penalties for Drug Crimes in Highland Park
There are three primary categories of offenses, found in the Controlled Substances Act: drug possession, drug manufacturing, and drug delivery. The penalties you face depend on the offense and the controlled substance.
Possession of a Controlled Substance (Drug Possession)
Possession of a controlled substance (excluding marijuana and derivatives), knowingly or intentionally, carries a potential jail term of up to 180 days and a fine of up to $2,000. The maximum penalty is life in prison and a fine of up to $250,000. The maximum for possession of marijuana is life in jail or prison and a fine of up to $50,000.
Manufacturing or Delivery of a Controlled Substance
Manufacturing and delivery have the same penalties. Both manufacturing and delivery of a controlled substance (excluding marijuana and derivatives) carry a minimum penalty of six months to two years in jail or prison and a fine of up to $10,000. The maximum sentence is life in prison and a fine of up to $250,000. Delivery of marijuana carries six months to life in jail or prison and a fine of up to $100,000.
When determining the severity of your charges, the prosecutor will consider the following factors:
- What type of controlled substance was involved
- What quantity of controlled substance was involved
- Your past record of drug crimes
- Any aggravating circumstances involved
Aggravating circumstances, which can significantly increase the potential penalties you face, may include one or more of the following factors.
- If you committed a drug crime in a school zone or designated drug-free zone
- If a minor child was present or involved in the incident
- If you had a firearm or weapon in your possession at the time
- If anyone sustained physical injury or harm
- If you committed other crimes during the incident
A Drug Crime Lawyer in Highland Park Can Protect Your Rights & Fight for Your Future
At the Law Offices of Randall B. Isenberg, we understand how frightening and confusing this situation can be. We are committed to mounting the most robust possible defense on your behalf and protecting your legal rights at all times.
We will begin by assembling all available evidence and scrutinizing the actions of the police during your arrest. Our goal is to identify all potential violations of your rights and mistakes the police may have made, such as conducting an illegal search of your home or vehicle.
We can then use any potential issues we identify to negotiate for a reduction or dismissal of your drug crime charges.
Some potential defense strategies we will explore include the following:
- Lack of reasonable suspicion
- Lack of probable cause
- Illegal search and seizure
- Mishandling of evidence
Our legal team will base our defense strategies on the specific details of your case, to help achieve the most favorable outcome for you.
If we cannot convince the prosecutor to reduce or dismiss the charges, we may recommend going to trial. Or, if you qualify, we may advise you participate in a deferred adjudication or pre-trial diversion program.
Diversion Programs for Highland Park Drug Crime Offenses
In Highland Park, you may qualify to participate in the DIVERT program.
This program allows some drug crime offenders to seek counseling or treatment for substance abuse, take courses, and perform community service. You must avoid further run-ins with the law, but once you complete your obligations, you can petition the court to dismiss your charges and expunge your record.
Our team can help you determine if you qualify for this or other deferral programs and, if so, prepare your request to participate. Once you complete the program, we will handle the necessary legal action to request dismissal of your charges and the sealing or expungement of your drug crimes record.
Texas Illegal Drug & Controlled Substance Penalty Groups
The prosecutor will determine which charges to pursue in your case based on the type and quantity of illegal substance in question and whether your alleged crime involved simple possession, manufacturing, or delivery.
The Texas TPC groups illegal drugs and controlled substances into categories and assigns minimum and maximum penalties based on these categories, called penalty groups.
Not all substances referenced in the statutes are “street drugs.” In fact, many are legal with a valid prescription. They become illegal to possess if you lack a valid prescription written by a licensed medical professional.
|Penalty Group 1||Opiates and opiate derivatives, including opium, cocaine, crack cocaine, heroin, methamphetamine, hydrocodone (>300 mg), ketamine, oxycodone, fentanyl, Rohypnol|
|Penalty Group 1-A||LSD (Lysergic Acid Diethylamide)|
|Penalty Group 2||Hallucinogenic drugs, including mescaline, ecstasy, PCP, MDMA, psilocybin (mushrooms), bath salts|
Depressant/stimulant compounds, including amphetamine and methamphetamine salts
|Penalty Group 2-A||Synthetic marijuana including K2 and Spice|
|Penalty Group 3||Stimulants, depressants, narcotics, and steroids, including Xanax, Ritalin, Klonopin, diazepam, Valium, hydrocodone (<300 mg), barbiturates, anabolic steroids, testosterone, and HGH|
|Penalty Group 4||Narcotic/nonnarcotic compounds including morphine, difenoxin, opium, buprenorphine, butorphanol, pyrovalerone|
The statutes also identify a variety of chemicals and equipment, the possession or distribution of which will qualify you for drug crime charges. This includes anhydrous ammonia, laboratory equipment, and even some basic kitchen implements.
You can also face drug crimes charges for possessing drug paraphernalia in Highland Park, possibly even in the absence of drug residue.
Free Consultation with a Drug Crime Lawyer in Highland Park
To learn more about the charges you face and how a criminal defense lawyer can help you, the Law Offices of Randall B. Isenberg provides a no-cost, no-obligation consultation and case review.
Contact us today at 214-696-9253 to learn more or to schedule your appointment.