The Reality of Drug Crimes in Texas
Drug crime statistics in Texas reveal notable trends and challenges in the state's fight against drug-related offenses.
According to the Texas Department of Public Safety (DPS), there were 88,651 arrests for drug abuse in 2020. The Texas Tribune reports that methamphetamine has made an unwanted comeback and that meth fatalities are way up across the state.
Additionally, research from the National Institutes of Health indicates that opioid-related overdoses have risen sharply in Texas since the global pandemic, contributing to the broader opioid crisis affecting the United States.
Comprehensive Defense for Houston Drug Charges
Our firm provides robust legal defense for a wide range of drug charges in Houston, including the following:
- Drug Possession
Possession of marijuana, cocaine, heroin, methamphetamine, prescription drugs, and other controlled substances. - Drug Manufacturing and Cultivation
The production, processing, or growing of illegal drugs. - Drug Distribution and Trafficking
The sale, transportation, or intent to distribute controlled substances. - Prescription Drug Offenses
Offenses like forging prescriptions, obtaining drugs through unlawful means, and possessing prescription medications without a prescription. - Drug Paraphernalia Charges
Possession of items used for the consumption or distribution of illegal drugs.
In some cases, a defendant may be charged with more than one of these crimes, requiring versatile and effective legal representation.
Strategic Drug Crime Defense
A strong defense that takes into account the unique circumstances of your case is paramount. Here is how we approach each drug crime case we take on:
Thorough Investigation
Our seasoned team will conduct a comprehensive investigation of your arrest, examining physical evidence, police reports, and witness statements to identify any weaknesses in the prosecution's case.
Protection of Your Rights
We will do everything in our power to safeguard your rights throughout the legal process. This may involve challenging illegal searches and seizures or working to suppress evidence that was obtained unlawfully.
Strategic Negotiation
Our attorneys are skilled negotiators who will engage with prosecutors to seek the most favorable outcome for your case, whether it be reduced charges, alternative sentencing, or even dismissal.
Trial Preparation and Defense
If your case proceeds to trial, we will meticulously prepare your defense and present a compelling case to the jury, pushing back against the prosecution and advocating for your innocence.
What Constitutes a Serious Drug Offense in Houston?
Texas takes a hard line on drug offenses, and what might be a minor possession charge in another state could lead to serious penalties. The severity of a drug offense and whether it is classified as a misdemeanor or a felony depends on several factors, including:
Type of Drug
Texas classifies controlled substances into different penalty groups, with penalties increasing based on a drug's lack of accepted medical use and potential for abuse.
Quantity
Even with less serious drugs, larger quantities can lead to more serious charges, often shifting from simple possession to possession with intent to distribute.
Presence of a Weapon
If a weapon is involved during a drug offense, it can result in enhanced charges and additional penalties.
Prior Convictions
Past drug convictions on your record will likely lead to harsher penalties if you’re convicted of a new offense.
If you have recently been charged with a drug crime in Houston, it is critical to contact a drug crime attorney as soon as possible. They can assess your situation, analyze the charges against you, and help you understand the potential consequences.
The Texas Controlled Substances Act: How It Affects Your Case
The Texas Controlled Substances Act is the primary law governing drug offenses in the state. It plays an integral role in defining what constitutes a drug crime, classifying drugs based on their medical value and risk of abuse, and determining the associated penalties for each offense.
Understanding this legislation is essential for mounting an effective defense against drug charges in Houston. Our attorneys know this complex law inside and out and can apply their skilled interpretations to protect your rights.
Understanding the Penalties for Drug Charges in Texas
As mentioned, the Texas Controlled Substances Act governs drug offenses in Texas and sets out a system of penalties based on the type and amount of the substance involved. It is important to understand how these classifications and quantities impact the severity of drug-related charges.
Here’s a detailed breakdown of drug penalties based on quantity:
Other factors can impact penalties, as well. For instance:
- Prior Convictions
Past drug convictions can lead to enhanced penalties. - Location
Possession near schools or playgrounds may result in harsher sentences. - Intent to Distribute
If the State can prove that you possessed the drug with the intent to sell or distribute it, it may impose stiffer penalties.
Keep in mind that this is just a general overview of Texas’s drug laws. It is always best to consult a qualified criminal defense attorney to understand how the law applies in your specific situation.
What Are Some Defenses for Drug-Related Charges?
It is important to know that there are defenses available for the charges listed above. Our experienced defense attorneys will explore every possible option in your case, including the following:
Illegal Search and Seizure
This defense challenges the legality of the search warrant or the actions of law enforcement during your arrest. If the police conducted an illegal search or seizure, the evidence they obtained may be inadmissible in court, potentially weakening the prosecution's case.
Lack of Probable Cause
This strategy argues that law enforcement lacked sufficient reason to stop, detain, or arrest you. If the police did not have probable cause to believe you were involved in criminal activity, their evidence may be deemed inadmissible.
Chain of Custody Issues
This approach focuses on demonstrating that the evidence against you was mishandled or tampered with. If there are problems with the chain of custody (the documented history of the evidence from the time it was seized to the time it’s presented in court), it could damage the prosecution's case.
Entrapment
A defense of entrapment applies when law enforcement officers induce someone to commit a crime they would not have otherwise committed. To establish entrapment, your lawyer must show that the police initiated the crime and persuaded you to participate.
Medical Necessity
In certain cases, it may be argued that you possessed a controlled substance for legitimate medical reasons with a valid prescription. However, this defense is very limited and requires strong evidence.
The empathetic legal professionals at Turnbull Legal Group can outline the defense strategies available in your case and assess their likelihood of success.
Secure Your Future — Get a Free Consultation
A drug charge conviction can have life-altering consequences. Do not wait to start building your defense. Contact Turnbull Legal Group today for a free, no-obligation consultation.