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As a result, you will want to do everything in your power to make sure that you are treated fairly and that you prevent this matter from ruining your reputation, lifestyle, and career. Or it could mean probation instead of prison. The controlled substances in group 1 include the following: - Cocaine. How to beat a manufacturing and delivery charge in texas are considered. I will sit down with you to get the facts straight, so I know how to best defend you. These guidelines were created so that drug crimes throughout the country will be treated the same no matter where in the country the crime was committed or where the defendant was arrested and convicted. While delivering and manufacturing a controlled substance seems clear, issues arise when an individual is charged with Possession with Intent to Deliver a Controlled Substance. What the Texas Health and Safety Code tells us is that if there is material added that is not a controlled substance to a chemical compound that is a controlled substance, this does not matter. During our initial meetings we will discuss the circumstances of your arrest in order to help determine if the processes and evidence gathered by the police officers could potentially be an issue for the Government down the road.
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Because of these life-changing possibilities, it's essential to contact an experienced defense attorney as soon as charges are filed against you. If this is the case, we can argue that you had no knowledge of the drugs, and therefore, you should not face a drug-related crime. People that help the police catch criminals are known as informants. How to Beat a Felony Drug Charge in Texas | Offering Free Consultations. Pyrovalerone containing compounds. Typically, a plea bargain will require you to plead guilty to a criminal charge in exchange for a reduced penalty.
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The act is a felony. You can reach my office by calling 512-805-6613, or fill out a confidential online contact form. So, let's cover what those groups are and what specific possession with intent to distribute Texas penalty you can expect to face. Again, your lawyer will have an opportunity to challenge this evidence and attempt to poke holes in the prosecutor's arguments. The punishments for weight or amounts of drugs in the above five penalty groups are; 1. The Texas statute, located in the Texas Health and Safety Code, is broad in its scope. Possession with intent to distribute charges are outlined in The Texas Controlled Substance Act — which makes it illegal to possess, manufacture, or distribute drugs. How to beat a manufacturing and delivery charge in texas are equal. In Texas, you may have the option of having your case decided by a judge or a jury. It just seems fundamentally unfair to me, but we'll see what the court thinks in that case. Administer – to directly apply a controlled substance by injection, inhalation, ingestion, or other means to the body. Keep in mind, Keates Law Firm only practices in Austin and Travis County.
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As long as you used the drugs, then that may be enough for a possession charge. Derivatives of opium such as morphine, codeine, and heroin. Time to be served: 75% of sentence imposed on Class X charges. There is a right in the Constitution that allows you to say no to unlawful or unreasonable searches. So if you were storing drugs in your apartment and then handed them over to someone else to sell, this is a form of distribution and therefore trafficking. If you are charged with possession of a controlled substance in Texas or any other drug offense, please call our office so that we may advise you further. 3 Ways You Can Be Charged with Drug Trafficking in Texas. We did exactly as Jeff instructed and the case was dismissed. A search warrant will also allow law enforcement to search properties, buildings, homes, and land that they suspect contains drugs. You will need a lawyer who listens, is attentive to your legal needs and offers a confident and thorough defense in and out of court. The most severe charge is a first degree felony, and that is for amounts that are over 400 grams. Based solely upon that, the state is trying to seize his home. Call (210) 738-8383 today for a free and confidential consultation.
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Whether or not you feel like the case against you is strong or weak, there are many ways a skilled criminal defense attorney can obtain a favorable result, even in cases that seem hopeless to you. To be eligible, you cannot have been previously convicted, have current or past community supervision or deferred adjudication, or have any pending case for offenses other than Class C misdemeanors or less serious offenses. Controlled substance under 28 grams in drug free zone. Delivery of Marijuana, Manufacturing, Trafficking, Marijuana Attorney in Travis County. Amount is expressed in terms of weight in grams. THE RIGHT TO REFUSE A SEARCH. However, proving that you intended to distribute the drugs can be slightly more difficult for the prosecutor — but only slightly. It might also be the case that you were in the wrong place at the wrong time.
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Texas law defines "possession" of a controlled substance as the actual care, custody, control or management of the drug. Likewise, if Deferred Adjudication is successfully completed, the person can have thier record sealed through Motions for NonDisclosure. How to beat a manufacturing and delivery charge in texas must. What are Penalty Groups? A) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally delivers marihuana. The police can catch you with drugs in simple, almost accidental ways, as well as during investigations that can get pretty complicated.
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If you can show that you did not know that drugs were in your possession, then the charges might be dropped. Your appeal must also show how those errors caused you to receive an unfair trial. Manufacturing marijuana is defined as growing or cultivating marijuana illegally. Most colleges and universities thoroughly vet students before admitting them, and many scholarships are off-limits to those who have been convicted of a crime. Now, it's time to contact the legal ally who can make this charge a distant memory. Controlled substance – any substance, including a drug, an additive, or a mixture that is listed in Schedules I through V. Examples of a Schedule I drug are heroin and ecstasy. The prosecutor will have the chance to respond to your lawyer's motion request. If you are charged with distributing drugs in Texas, call a drug trafficking defense attorney right away so that they can begin building your defense to protect your freedom and future.
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At your arraignment, you will be told by the judge or magistrate about the charges that the prosecutor has brought against you. Drug penalty group 3 and 4; - Less than 28 grams = Class A misdemeanor = Less than 1 year in county jail or a fine of up to $4, 000. The law is different with Marijuana as opposed to other drugs like cocaine or pills -- and it's quite less severe. There is no age limit for this program, and you might be eligible if you have been charged for the first time with a misdemeanor or low-level felony drug charge, provided you have never been arrested before. He can anticipate the prosecution's strategy in order to craft the strongest possible defense. An individual can be charged with drug trafficking, according to the Texas Health and Safety Code §§ 481.
There are different penalties for each group and the most severe penalties are in Group 1 and the least severe penalties are in Group 4. Whether the alleged offender has any previous criminal history. 114, the following list defines the penalties for manufacturing or delivery of a controlled substance in Penalty Group 3 or 4: - An individual can be charged with a state-jail felony if the amount distributed is less than 28 grams. State Jail Felony: Over 1/4 ounce and less than 5 pounds. This could be testimony from police officers, testimony from other witnesses, video, pictures and lots of other things.
Sometimes, evidence can be thrown out because it was obtained through an improper interrogation or an illegal search and seizure. I have a client right now, drugs were found at his home. Cough suppressants with codeine. A drug conviction often results in a driver's license suspension and driver's license surcharge in a manner similar to a DWI conviction. Which PG you are placed in by the judge will depend on the charges that you were found guilty of. Many people make the mistake of thinking they can't afford a good attorney.
Download FREE copy of. You should never just allow the police to search your home or vehicle without a warrant. What this means is that the police cannot search you, your home, or even your vehicle without first providing probable cause and obtaining a search warrant.