Drug Charges Defense Attorneys in Corpus Christi & Dallas, Texas
Being charged with drug-related crimes can become quite a complicated situation. Drug charges are serious and could lead to a long prison term. That is why individuals charged with drug-related crimes must protect their right to a fair defense.
At the Torres Law Firm, we specialize in helping individuals charged with drug-related crimes protect their right to a fair defense. We serve the community of Corpus Christi, Texas, Dallas, and Fort Worth, residents, so if you’re in the surrounding areas facing a drug charge, reach out today.
Federal Drug Charges
Drug charges can be prosecuted at the state or federal level, depending on the circumstances. In general, drug charges are prosecuted at the state level. However, drug charges may be prosecuted at the federal level in the following cases:
The drug-related activity occurred on federal land.
The crimes took place across state lines.
Drugs were imported into the US.
Additionally, the prosecution considers a federal drug crime when there is trafficking, manufacturing, distribution, or intent to sell. When these conditions are met, the charged individuals may face federal drug crime charges instead of state charges.
Please bear in mind that prosecutors take drug crime seriously. In 2017, an estimated $29.9 billion in illegal drugs were smuggled into the US. According to the Drug Enforcement Agency, the top two districts for drug trafficking are the Western and Southern Districts of Texas.
Drug Charges in Texas
Drug charges in Texas refer to four main areas:
Manufacturing illegal drugs refers to producing or making illicit substances. This can include possessing chemical precursors, which can warrant drug manufacturing charges.
Delivery of drugs pertains to transporting drugs from one place to another. This charge varies significantly from possession. For instance, a drug possession charge can refer to various grams of any illegal substance. In contrast, delivery charges can range from a few kilos to several hundred.
The sale of drugs involves a transaction in which drugs are exchanged for monetary payments. Drug sale charges in this context do not refer to an average drug pusher on the street. These charges are related to large-scale shipments.
Simple drug possession charges are prosecuted at the state level. These charges involve a small amount exceeding legal limits. In contrast, selling large quantities of illegal drugs usually leads to Federal drug charges. Moreover, possession with intent to sell can further aggravate charges.
Drug Schedules in Texas
Controlled substances are organized into categories known as “schedules.” Here is a look at each schedule.
Schedule I. These drugs have a significant potential for abuse and have no current medical application. Heroin, LSD, and Ecstasy are examples of schedule I drugs.
Schedule II. These substances represent a significant threat of abuse but may have a medical application in the US. Methamphetamines, codeine, fentanyl, and morphine are examples of schedule II substances.
Schedule III. Drugs with medical applications, such as ketamine and anabolic steroids, are examples of schedule III substances. They are controlled due to their propensity for abuse.
Schedule IV. Xanax, Valium, Ambien, and Ativan are examples of schedule IV drugs. They are known for their relatively low propensity for abuse.
Schedule V. These substances are regular medications often available over the counter. Painkillers and cough medicine are examples of schedule V substances.
Possible Penalties for Drug Crimes in Texas
Federal and state drug charges can have potentially serious legal consequences. Some of these include the following:
Incarceration. Felony drug charges carry a prison term. The actual term depends on several factors, such as the defendant’s criminal record, the substances involved, and the quantity. Some misdemeanor charges may have a prison term, particularly if the defendant is a repeat offender.
Fines. Simple possession charges generally carry a fine. While the fine itself may not be substantial, the conviction stays on the defendant’s criminal record.
Probation. First offenders may be sentenced to probation. Probation is an alternative to prison, particularly for misdemeanor drug charges. However, a repeat offense can put the defendant in prison even for an unrelated crime.
Inability to Carry Weapons. Convicted felons are restricted from gun ownership. If on probation, a gun possession charge may constitute a probation violation.
Deportation. Foreign nationals convicted of drug charges may be deported to their home countries following their sentencing. If sentenced to jail time, the defendant is deported after serving their time.
Drug Charges Defense Attorneys in Corpus Christi and Dallas, Texas
At the Torres Law Firm, our criminal defense attorneys believe in protecting your legal rights after a drug crime charge. If you are facing drug charges, call today to get the legal representation you deserve.