Drug Charges
Have you been charged with a drug crime in Denton or Collin County, Texas? The law imposes harsh penalties for many drug offenses, and a conviction can have long-term consequences for your freedom and future. Don’t leave the outcome of your drug charges to chance. Instead, let the Law Office of Al Rowland, PLLC, protect your rights and help you seek a favorable resolution to a prosecution.
For over a decade, our firm has provided diligent legal representation and compassionate service that treats clients with the dignity and respect they deserve. Contact us today for an initial case review to learn more about how our firm can help you navigate the criminal justice system. We will sit down with you to listen to your concerns, and explain your situation to you so that you can make the best decisions for your future.
Understanding Texas Drug Crime Laws
Under Texas law, a person commits a criminal offense if they knowingly manufacture, deliver, or possess with intent to deliver a controlled substance listed on Texas’s schedules of controlled substances. The law also outlaws other drug-related activities, including:
- Delivering or distributing drugs
- Unlawfully manufacturing drugs or producing synthetic drugs
- Possession of drugs with intent to distribute
Texas classifies drugs into one of five “Schedules” based on the dangerousness of a drug. Schedule I drugs include controlled substances with the highest potential for abuse or addiction and no recognized medical uses, while Schedule V drugs include controlled substances with widely recognized uses and the lowest risk for abuse/addiction. Examples of drugs in each schedule include:
- Schedule I: Heroin, various opiates, MDMA, LSD, marijuana, mescaline, peyote, psilocybin, THC, and fentanyl
- Schedule II: Codeine, raw opium, cocaine, and amphetamine/methamphetamine
- Schedule III: Ketamine, lysergic acid, and anabolic steroids
- Schedule IV: Various depressants, stimulants, and narcotics
- Schedule V: Narcotics containing limited quantities of opiates and various depressants
Consequences of Drug Convictions
After a conviction on drug charges, the penalties that a defendant may face will depend on the grading of an offense. Texas grades drug offenses based on the type and quantity of drugs involved in the case. Possessing higher quantities of more dangerous drugs, including when possessing drugs with intent to distribute or sell them, will lead to harsher penalties than possessing drugs for personal use. Potential sentences for drug convictions include:
- Class C misdemeanor: A fine of up to $500
- Class B misdemeanor: Up to 180 days in jail, a fine of up to $2,000, or both incarceration and fines
- Class A misdemeanor: Up to one year in jail, a fine of up to $4,000, or both incarceration and fines
- State jail felony: 180 days to two years in jail and a potential fine of up to $10,000
- Third-degree felony: Two to ten years in prison and a potential fine of up to $10,000
- Second-degree felony: Two to 20 years in prison and a potential fine of up to $10,000
- First-degree felony: Five to 99 years in prison
For first-time lower-level offenses, courts may impose probation instead of incarceration. Probation requires a convicted defendant to follow various requirements and restrictions, such as reporting to probation officers, maintaining employment, refraining from using or possessing drugs, or avoiding committing new criminal offenses. Courts can incarcerate individuals who violate the terms of their probation. Courts may also increase penalties for aggravating circumstances, such as possessing drugs on or near a school zone or daycare facility or distributing drugs to minors.
Drug convictions can also have long-lasting consequences for defendants, including a criminal record that can continue to follow them after they’ve paid their debt and are attempting to move forward with their lives. Employers, landlords, educational institutions, and financial institutions may look unfavorably upon applications with drug convictions in their records. Drug convictions can also disqualify individuals from various jobs or government benefits. The potentially devastating lifelong consequences of a drug conviction make it critical to have experienced legal counsel who can help you pursue a resolution to your charges that ensures you avoid the harshest penalties, both now and in the future.
Common Defenses in Drug Cases
Depending on the facts of your case, you may have various defense strategies you can pursue to challenge the prosecution’s case. Common defenses used to contest drug charges in Texas include:
- Lack of possession: Defendants may challenge the sufficiency of the prosecution’s evidence to prove that a defendant had actual or constructive possession of drugs. A person has “actual” possession when they physically hold drugs on their person or in a bag. A person has “constructive” possession of drugs when police find the drugs in a place that a defendant can access and control, such as a vehicle trunk or a bedroom.
- Lawful possession: A defendant may present evidence showing they lawfully possessed drugs under a valid prescription or some other lawful authority.
- Good Samaritan defense: Texas law provides immunity from prosecution for individuals who request medical assistance for another person suffering from an apparent overdose in certain circumstances. The individual must remain on scene until medical assistance arrives and cooperate with medical assistance and law enforcement. However, the defense does not apply when a person requests medical assistance while an officer places them under arrest or executes a search warrant or when the person commits other criminal offenses.
- Identity of substance: A defendant may challenge the reliability of the prosecution’s evidence by highlighting issues such as the failure to laboratory test seized substances to confirm their identity or breaks in the chain of custody of evidence.
In many drug cases, a defendant will challenge the admissibility of prosecution evidence by arguing that law enforcement officers obtained the evidence through an unlawful search. Defendants may contest the lawfulness of a search by showing that officers lacked reasonable suspicion to initiate or continue a stop, probable cause to support a search warrant or a warrantless search, or exigent circumstances to justify a warrantless search.
How Can a Drug Defense Lawyer Help with Your Case?
After a drug arrest, it’s easy to feel as though you’ve got the entire system against you. However, you don’t have to face a criminal prosecution alone. Let a drug defense lawyer from the Law Office of Al Rowland, PLLC help you by:
- Explaining your charges and the potential outcomes of your case so that you know what to expect throughout the process
- Thoroughly investigating your charges to understand the potential defenses you might have in your case, including factual/legal defenses or challenging the admissibility/sufficiency of the prosecution’s evidence
- Helping you make informed decisions as the circumstances of your case evolve
- Contesting the prosecution’s charges at each stage
- Fighting for the best possible outcome for you, even if that means taking your case to trial
Contact Our Firm Today to Discuss Your Options
If you’ve been charged with a drug crime in Denton or Collin County, you need experienced legal counsel to help you navigate the justice system and fight for your rights and interests. Contact the Law Office of Al Rowland, PLLC, today for a confidential consultation with dedicated criminal defense attorney Al Rowland to discuss your options with an experienced drug crimes defense lawyer in Frisco.