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Drug Charges

Respected and Trusted Advocate

 

Mr. Wanner represents high-profile individuals, professionals, and business people who have been charged with drug crimes for whom a drug conviction could be disastrous.

If You Must Take Your Drug Case Seriously

If you have been charged with a drug crime and must take the case seriously, please contact Chris Wanner and discuss the facts of your case and a possible successful defensive strategy.

Serious Felony Drug Crimes in Texas

Drug offenses in Texas are among the most serious in the state’s arsenal of criminal laws. Penalties of drug violations can be extremely severe and carry with them a host of collateral consequences.

A drug charge in Texas does not necessarily mean a drug conviction. There are several effective defenses for narcotics offenses that a talented drug crimes attorney with experience investigating the circumstances surrounding an search and arrest for a drug crime should know and be able to use to your advantage. Mr. Floyd has published hundreds of articles relating to criminal law, search and seizure and trial procedures and can use his knowledge and experience to create a successful defense strategy and force the government to follow the law and meet its burden of proof.

Defensive Strategies in Drug Crimes Cases

For instance, an knowledgeable and prepared criminal defense lawyer could demonstrate that your arresting officers did not have just cause to search your home, vehicle, or person. He could show that you were a victim of entrapment, or argue that the drugs belonged to someone else or were not intended for human consumption.  It is even possible that drugs found in your vicinity, or even in your vehicle, were hidden, unknown to you and therefore not in your possession.  There are many possible successful defenses n drug cases, if your lawyer dedicates the time and resources to investigate your case and is familiar with the law.

Do Not Talk to the Police or Federal Agents without a Lawyer

If you believe you are being investigated for a drug trafficking crime, or have already been arrested or charged with this type of offense, consult with a knowledgeable attorney with experience in drug defenses immediately. Your lawyer can listen to your side of the story before helping you determine the best possible defense strategy in the unique circumstances of your case. With the help of a drug crimes attorney with a successful track record, you may be able to avoid crippling consequences to your freedom and future.

Texas Drug Crime Laws 

Texas courts look at five primary factors in determining the sentence to be imposed upon a conviction of any of the above drug offenses:

  1. The type of drug involved. For example, a drug found in penalty group 1 (heroin) will result in a much harsher sentence than a drug found in penalty group 3 (prescription drugs).
  2. The amount of drugs involved. Greater amounts of the same drug, regardless of the penalty group, will result in a longer sentence.
  3. The purpose for which the drug is used. A simple possession is less severe than intent to distribute, manufacture, or deliver drugs.
  4. Location of the violation. Drugs possessed or sold near schools or day care centers, for example, are treated more harshly than on an average street corner.
  5. Whether the drug offense was tied to another offense. Drug offenses associated with crimes of violence or involve the possession or use of a firearm will result in a significantly more severe sentence.

Texas Drug Statutes

 

Manufacture or delivery of controlled substances (drugs)

 

  • Minimum Punishment: Confinement in jail for a term of not more than 2 years, or less than 180 days, and a fine not to exceed $10,000
  • Maximum Punishment: Confinement in prison for life or for a term of not more than 99 years nor less than 15 years, and a fine not to exceed $250,000

Possession of controlled substances (drugs)

  • Minimum Punishment: Confinement in jail for a term of not more than 180 days, and a fine not to exceed $2,000 or both
  • Maximum Punishment: Confinement in prison for life or for a term of not more than 99 years nor less than 10 years, and a fine not to exceed $250,000

Delivery of Marijuana

  • Minimum Punishment: Confinement in jail for a term of not more than 180 days, a fine not to exceed $2,000, or both
  • Maximum Punishment: Confinement in prison for life or for a term of not more than 99 years nor less than 10 years, and a fine not to exceed $100,000

Possession of Marijuana

  • Minimum Punishment: Confinement in jail for a term of not more than 180 days, a fine not to exceed $2,000, or both
  • Maximum Punishment: Confinement in prison for life or for a term of not more than 99 years nor less than 5 years, and a fine not to exceed $50,000

 

These offenses are set out in Chapter 481 of Health and Safety Code. There are five penalty groups in this chapter. Each group designates the offense and punishment. The groups are governed by two factors: the type of the drug and the quantity involved. Section 481.032 contains exhaustive lists (with new drugs added each year) that are in Penalty Groups I, 1-A, 2, 3, 4, and 5.

CONSEQUENCES OF DRUG CONVICTIONS

There are also many collateral consequences for having been convicted of a drug offense in Texas.

Employment. Many occupations (such as barber, plumber, nurse, etc.) require a license to work. Section 53.021 of the Texas Occupations Code authorize Texas licensing authorities to revoke, suspend, or deny a license to anyone convicted of a felony or a misdemeanor involving moral turpitude.

Education: Any student convicted of the possession or sale of a controlled substance can lose or be denied financial assistance under the Federal Student Loans and Grants program, or the forfeiture of a prepaid scholarship.

Asset forfeiture: Serious drug convictions can result of forfeiture of cash, vehicles, homes, personal property, and businesses.

Firearm: A drug conviction of more than one year will result in loss of the right to own or possess a firearm or ammunition.

Housing: Federal housing policies permit the exclusion of drug offenders from federally subsidized or funded housing.

Civil rights: A drug conviction results in the loss of the right to vote, run for public office, be appointed to a public office, or serve on a jury.

 

Because of the wide range of criminal penalties associated with drug offenses and the vast array of civil penalties, disqualifications and disabilities associated flowing drug convictions (and, yes, probation is a conviction), any one charged with a drug offense needs an aggressive and experienced criminal defense attorney.

Case Evaluation

Call us at 806-412-5133 or fill out the form below to receive a confidential initial consultation.

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