Drug Crime Defense

Texas Drug Crime Defense

Severe Consequences

Texas laws are extremely strict concerning offenses related to narcotics and other illicit drugs. Penalties for drug crimes require a drug crime defense to help you deal with everything from probation to fines, jail time or even loss of driving privileges. Most violations of drug laws are covered by the Texas Penal Code and the Texas Controlled Substances Act.

Understanding Different Drug Offenses

The penalties for possession of drugs range from simple misdemeanors to serious felonies, and are dependent upon many factors at the time of arrest. The type and amount of the drug in possession, how it was being carried, concealed and handled, how much (if any) paraphernalia is found and the past record of the offender are all factors taken into account.

There are many different types of drugs, and each classification carries its own offenses and punishment. At The Law Office of Philip M. Gommels, we defend every kind of drug crime allegation.

Hire a Drug Crime Attorney Immediately

Many drug-related charges are resolved by small fines and/or community service. Some prosecutors, however, will attempt to get you to admit to a major drug crime. If you have been arrested and are being questioned by police, YOU HAVE THE RIGHT TO REMAIN SILENT.

If you or someone you know is facing a drug-related offense investigation, it is vital to immediately contact an experienced drug law attorney. Please call us today for a consultation.

Drug Possession Laws in Texas

Overview of Texas Drug Possession Laws

In general, Texas has strict laws for drug possession and illegal controlled substances. In fact, if you are caught will drugs or illegal substances, there is a risk of:

Jail time
Probation
Fines
Driver’s license suspension for six months

Further, the specifics of different drug crimes are within the Texas Controlled Substances Act, Texas Penal Code, and Health and Safety Code. However, most people have a difficult time understanding these laws. Still, it’s vital that Texans are aware of how these laws apply in the courtroom.

Yet, if you are facing a drug possession charge, it’s best to work with an experienced drug crime attorney. In fact, you need a drug crime attorney if you are facing any charges related to the sale, manufacturing, or delivery of illegal controlled substances in Texas. As a rule of thumb, any drug-related case will be complex in court.

Different Laws for Different Drugs

In general, Texas laws vary depending on the charge. To be specific, charges vary based on these factors:

Quantity of drug(s)
How drugs were stored or concealed
Drug possession plus paraphernalia (scale to weigh drugs, containers or bags used to sell drugs, etc.)
Drugs and a large sum of hidden money
The offender’s criminal history
Drug type(s) in offender’s possession

Now, it’s important to fully understand how different laws apply for different drugs. For instance, here is how Texas laws treat charges for different types of drugs:

Marijuana possession: In Texas, the law puts marijuana in its own class of controlled substances. Specifically, possessing two ounces or less of marijuana could cost the offender a maximum of 180 days in jail. However, a skilled drug crime attorney can usually negotiate a better deal. For example, they could get drug treatment instead of probation for a first offender. Then the drug charges may even be dropped after the offender finishes drug treatment. However, if an offender has more than two ounces of marijuana in Texas, they could face 180 days of jail to 20 years in prison. Plus, they may have to pay a fine of up to $10,000. Or, with a major possession of marijuana, like 2,000 pounds or more, the offender may face life in prison.
Cocaine, methamphetamine, or heroin possession: According to Texas Penalty Group 1, the offender faces at least two years of jail time plus a fine of up to $10,000. Or, if the offender has 400 grams or more of any of these substances, they face life in prison.
LSD possession: If an offender is in possession of Penalty Group 1A hallucinogenic substances, they face from two years of jail time to life in prison. Plus, they may have to pay a fine of up to $250,000.
Mescaline, Ecstasy, PCP possession: Under Texas law, popular club drugs like ecstasy (MDMA, Molly), hashish, PCP, mescaline, and some forms of cannabis (with THC extracts or reins) are Penalty Group 2 offenses. If the offender is in possession of less than a gram of these substances, they face up to two years in jail. Or, if they are in possession of at least 400 grams of any drug in this category, they face up to life in prison plus a maximum fine of $50,000.
Valium, Ritalin, and Other Prescription Drugs or Chemicals possession: In Texas, prescription drugs and other chemical substances fall under Penalty Group 3 and Penalty Group 4. Further, guilty offenders face at least one year in jail plus a fine of up to $4,000. However, if they have 200 grams or more, they face up to life in prison and $10,000 in fines.
Delivery and Manufacture of Drugs and Controlled Substances in Texas: In general, these punishments depend on the type of drug or substance the offender manufactured. Again, Group 1-4 penalty groups, stimulants, hallucinogens, narcotics, and depressants all come with different punishments. In addition to its type, the amount of drugs or substances manufactured play a role in the severity of punishments. As a felony drug charge, guilty offenders face up to 99 years in prison and $250,000 in fines. However, punishments for manufacturing and delivering narcotics substances (e.g. fentanyl, morphine, opium, hydrocodone, or codeine) likely face greater punishments than doing the same for depressants (e.g. barbiturates or chloral hydrate).

So, if you’re facing any type of drug possession charge in Texas, you need a drug crime attorney. The Law Office of Philip M. Gommels, PLLC has the experience to fight for you in the courtroom.

Drug Penalties in Texas

As you can see, the state of Texas doesn’t tolerate drug possession, manufacture, and distribution. To explain, there are many factors that impact the offender’s penalties:

Possession of a controlled substance:

Jail – minimum 180 days
Prison – maximum 99 years
Fines – up to $250,000

Manufacture and delivery of controlled substance:

Jail – minimum 180 days
Prison – maximum 99 years
Fines – up to $250,000

Marijuana possession:

Jail – minimum 180 days
Prison – maximum 99 years
Fines – up to $250,000

Marijuana delivery:

Jail – minimum 180 days
Prison – maximum 99 years
Fines – up to $100,000

In some cases, federal laws may come into play:

Distribution of drugs to persons under 21 years old may lead to punishments that are two or three times as harsh under federal laws.

Drug possession:

Prison – maximum 20 years
Fines – up to $5,000 (plus expensive investigation costs)

Manufacture, distribution, and delivery of drugs:

Prison – maximum 99 years with the chance of parole

Fines – up to $8 million

In most cases, drug crimes are complex. Further, any charge involving drugs in the state of Texas is very serious. So, call The Law Office of Philip M. Gommels, PLLC to schedule your consultation today.

Intent to Sell in Texas

If you’ve been charged with drug possession with intent to sell, you need a drug crime attorney immediately. This is a very serious crime that requires in-depth Texas law experience.

In general, a drug possession charge with the intent to deliver can be proven with circumstantial evidence. Further it doesn’t require the offender to admit an intention to sell drugs. To be specific, circumstantial evidence involves the:

Nature of the location where the offender was arrested
Quantity of drugs in their possession
Packaging used
Drug paraphernalia (like a scale to measure drugs)
Amount of cash in the offender’s possession
Criminal history of the offender

In order to charge an offender with intent to sell, Texas state prosecutors must prove that the offender:

“Intended to deliver” the drugs to another person.
“Exercised care…and management of the controlled substance” in their possession.
“Knew” the possessed substance was an illegal substance (ecstasy, cocaine) or controlled prescription drug.

If the offender is found guilty of delivering at least four grams but less than 200 grams of Penalty Group 1 drugs, they face up to 99 years in prison.

So, have you or someone you know has been charged with drug or narcotic possession in Houston, TX? If so, you need a drug defense attorney on your team. Fortunately, The Law Office of Philip M. Gommels, PLLC is ready to fight for you. Schedule your consultation today.

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