HOUSTON DRUG CRIME LAWYER

Defending Your Rights Against Drug Crime Charges

If you are facing drug crime charges in Houston, it is crucial to have a skilled and experienced defense lawyer on your side. Our team is dedicated to providing aggressive representation to protect your rights and fight for the best possible outcome in your case. 

Drug laws can be enforced strictly at both the state and federal levels. Sometimes circumstances can result in innocent people being swept up into drug arrests and others being charged with more severe crimes than is appropriate. When that happens, a Houston drug crime lawyer can help make things right.

Our law firm believes in the principle of innocence until proven guilty, and we’ll fight with all the legal tools available to us on behalf of our clients. Our Houston office serves people across Fort Bend County and Harris County. Call the Cory Roth Law Office today at 832-400-4133 to set up a consultation.

What are the Types of Drug Charges in Texas?

Drug offenses could be as basic as being caught with marijuana on one’s person or as serious as running an international heroin cartel. At these extremes, and everywhere else in between, drug charges in Texas will generally fall into three categories:

Possession: As the name of the charge suggests, this means the defendant had the drugs anywhere from on their person to within reaching distance to under their control. Another facet of possession is the issue of intent to sell. Possession over and above certain quantities can be seen as an indicator that the defendant had the drugs for the purpose of selling them. Intent to sell can bring more serious charges.

Manufacturing: The making of illegal drugs is also a crime, regardless of whether one consumes or profits from the product. Furthermore, it is illegal to sell the chemicals and equipment necessary to make the drugs. However, in the latter case, it’s incumbent on the prosecution to prove the defendant knew the reason for the purchase.

Trafficking: The phrase “trafficking” can bring to mind images of a worldwide ring, and that is certainly one image associated with a trafficking charge. But in reality, trafficking covers all sales of illegal drugs, right down to the street dealer who works in a single neighborhood.

Depending on the specific drugs involved, the quantities, and other circumstances, drug charges can be either felonies or misdemeanors. But it should be noted that even misdemeanor offenses can bring jail time if convicted.

Drug Classifications in Texas: Understanding Penalty Groups

In Texas, controlled substances are systematically categorized into distinct penalty groups, each reflecting the substance’s potential for abuse, medical utility, and associated risks. These classifications are the foundation for determining the severity of penalties for possession, distribution, or manufacturing offenses. Here’s a breakdown of Texas’ drug classifications:

1. Penalty Group 1 (PG1):
   • Examples: Cocaine, heroin, methamphetamine, oxycodone (in amounts greater than 300 milligrams), and ketamine.
   • Penalties: Possession of even a small amount can lead to state jail felony charges. Larger quantities or specific circumstances can escalate the offense to higher felony degrees with increased fines and longer prison sentences.
2. Penalty Group 1-A (PG1-A):
   • Examples: Lysergic acid diethylamide (LSD).
   • Penalties: LSD is categorized separately due to its hallucinogenic properties. Possession, distribution, or manufacturing offenses related to LSD carry distinct penalties, often more severe than other substances in PG1.
3. Penalty Group 2 (PG2):
   • Examples: Ecstasy (MDMA), mescaline, and psilocybin (found in certain mushrooms).
   • Penalties: Similar to PG1, possession, distribution, or manufacturing offenses involving PG2 substances result in felony charges. The severity varies based on the quantity and specific circumstances.
4. Penalty Group 2-A (PG2-A):
   • Examples: Synthetic cannabinoids (often referred to as synthetic marijuana or K2/Spice).
   • Penalties: Recognized for their unpredictable and potentially dangerous effects, synthetic cannabinoids are categorized separately. Offenses involving PG2-A substances can lead to felony charges with significant penalties.
5. Penalty Group 3 (PG3):
   • Examples: Anabolic steroids, certain depressants, and certain stimulants.
   • Penalties: While still categorized as felonies, offenses involving PG3 substances generally carry lesser penalties than PG1 or PG2. However, the exact consequences depend on the substance and quantity involved.
6. Penalty Group 4 (PG4):
   • Examples: Compounds containing limited amounts of narcotics, certain prescription medications, and chemical compounds not classified in other penalty groups.
   • Penalties: PG4 substances typically result in the least severe penalties among the penalty groups. However, it’s essential to note that improper possession, distribution, or manufacturing can still lead to felony charges.

What are the Penalties for Drug Crimes in Texas?

In Texas, drug offenses are addressed with a combination of stringent penalties and rehabilitative measures, emphasizing the state’s dedication to public safety. Understanding the intricacies of these penalties is crucial for both residents and visitors.

• For drug possession, the classification of the offense hinges largely on the type and quantity of the illegal substance. Possession of a small amount of marijuana (under 2 ounces) is typically a Class B misdemeanor, punishable by up to 180 days in jail and fines up to $2,000. However, possessing larger quantities or harder substances like methamphetamine, cocaine, or opioids can escalate the charge to a felony. Felony possession can lead to substantial fines and prison sentences ranging from 180 days to life, particularly for large quantities or if it’s deemed the individual intended to distribute.
• Distribution or trafficking is viewed with even more gravity. Distributing even a small amount of drugs can result in felony charges. The penalties intensify if the distribution occurs within a certain proximity to schools, youth centers, or public housing. Trafficking in larger quantities or being involved in organized illegal drug operations can result in a lifetime prison sentence without parole, hefty fines, and even forfeiture of assets.
• Drug manufacturing is severely penalized. Operating a drug lab or cultivating illicit substances, especially in large volumes, can lead to extensive prison sentences, often with mandatory minimums and substantial fines.

Given Texas’s stringent stance on drug offenses, individuals facing such charges must prioritize securing experienced legal representation to advocate for their rights, challenge evidence, and explore potential mitigation or alternative sentencing options.

How Can a Drug Crimes Conviction Impact Your Future?

The repercussions of a drug crimes conviction extend well beyond the courtroom and can infiltrate every aspect of your personal and professional life:

• Employment Challenges: Many employers hesitate to hire individuals with criminal records, particularly drug convictions. This can close off numerous career opportunities, especially in sectors that require clean legal records.
• Educational Barriers: Convictions can jeopardize one’s ability to obtain federal student loans, enroll in educational programs, and even live on campus.
• Housing Difficulties: A drug conviction can make renting an apartment challenging, as landlords commonly conduct criminal background checks. Access to public housing may also be compromised.
• Professional Licensing Issues: Licenses necessary for various professions may be denied or revoked, which is particularly impactful in fields such as healthcare, education, and law.
• Immigration Consequences: For non-citizens, drug convictions can trigger deportation proceedings or bar re-entry into the U.S. and affect one’s ability to become a naturalized citizen.
• Social and Personal Impact: The stigma of a drug conviction can strain personal relationships and community interactions, often resulting in long-lasting social isolation.

What Should You Do If You Are Arrested for a Drug Crime in Texas?

Facing an arrest, especially for a drug-related offense, can be a disorienting and distressing experience. However, how you respond in the immediate aftermath can significantly impact the trajectory of your case. If arrested for a drug crime in Texas, consider the following steps:

1. Remain Calm and Compliant: Feeling anxious or overwhelmed is natural, but maintaining composure is essential. Avoid arguing with law enforcement or attempting to flee, as this can exacerbate your situation and lead to additional charges.
2. Invoke Your Right to Remain Silent: You are not obligated to answer questions or provide statements without an attorney present. Politely inform officers that you wish to speak with a lawyer before discussing anything further.
3. Do Not Consent to Searches: Refrain from consenting to any searches of your person, vehicle, or property without a warrant. Assert your rights respectfully but firmly. Remember, anything found during an illegal search may be deemed inadmissible in court.
4. Document the Arrest: If possible, mentally note the circumstances surrounding your arrest, including the officers involved, the location, and any interactions. This information can be crucial for your defense and may help identify any procedural errors or rights violations.
5. Seek Legal Representation Immediately: Contact a knowledgeable drug crime attorney in Texas as soon as feasible. An experienced lawyer can guide you through the legal process, protect your rights, and build a robust defense strategy tailored to your circumstances.
6. Avoid Discussing the Case: Refrain from discussing details of your case, especially on social media or with acquaintances. Anything you say can potentially be used against you. Trust your attorney to handle communications and advocate on your behalf.
7. Understand Your Rights: Familiarize yourself with your rights during arrest and detention. In addition to the right to remain silent and the right to legal counsel, understand your rights regarding bail, court appearances, and potential plea negotiations.
8. Gather Necessary Documentation: Gather any relevant documentation if you have prescriptions or legitimate reasons for possessing a controlled substance. This information can support your defense and clarify misunderstandings regarding the nature of the substances involved.

Navigating an arrest for a drug crime in Texas requires diligence, knowledge, and proactive measures. By taking informed steps and securing competent legal representation, you can better navigate the complexities of the legal system and work toward a favorable resolution.

Why Is Timely Legal Representation Crucial?

Prompt engagement of a skilled attorney after a drug charge ensures:

1. Evidence Preservation: Quick action can help secure evidence that might otherwise be lost over time, which can be crucial in building a defense.
2. Rights Protection: An attorney can safeguard your rights from the start, advising you during police interviews and throughout the legal process.
3. Strategic Preparation: Early involvement allows for comprehensive case preparation, improving the chances of a favorable outcome.
4. Stress Reduction: Knowing that a capable attorney is navigating the complex legal challenges can alleviate the significant stress associated with drug charges.
5. Outcome Optimization: Effective early defense efforts increase the likelihood of favorable plea offers or case dismissals.

Can a Drug Conviction Be Expunged in Texas?

In Texas, certain drug convictions may be eligible for expunction, allowing the individual to deny or conceal the offense in most circumstances legally. Eligibility criteria, such as completion of probation or deferred adjudication, must be met. However, not all drug convictions are eligible for expungement, so consult with a legal professional regarding specific circumstances.

Will I Lose My Driver’s License if Convicted of a Drug Offense in Texas?

A drug conviction in Texas can lead to the suspension or revocation of your driver’s license, especially if the offense involved drug-related driving violations or if mandated by sentencing. The duration and conditions of the suspension can vary based on the nature of the offense and prior convictions.

How Will a Prior Drug Conviction Affect the Outcome of My Current Case?

A conviction for a prior drug offense can significantly impact the outcome of your current case, potentially leading to enhanced penalties, increased fines, or mandatory minimum sentences. Additionally, prior convictions may influence plea negotiations, sentencing recommendations, and perceptions of the defendant’s credibility.

What Are the Common Defenses Against Drug Charges in Texas?

Facing drug charges in Texas can be daunting, but there are several defenses a competent Houston drug crimes defense attorney might employ to contest the allegations. Strategies include:

• Unlawful Search and Seizure: This fundamental defense is rooted in the Fourth Amendment, which safeguards citizens against unreasonable intrusions by the government. If a search was executed without a valid warrant or specific probable cause, it could lead to the suppression of any evidence gathered during such an illegal search.
• Lack of Possession: Proving actual possession is pivotal in drug cases. If the drugs were discovered in a communal area or if there was any ambiguity about who had physical control over the drugs, these facts could substantiate a defense that the accused had no knowledge of the presence of the substance.
• Problems with the Chain of Custody: For evidence to be admissible, it must be clearly demonstrated that it was handled in a meticulously documented and unbroken chain from collection to courtroom. Any discrepancies or errors in this process can render the evidence unreliable and thus unusable in court.
• Field Test Inaccuracies: The initial tests used by law enforcement to identify controlled substances at the scene are not infallible. We challenge the accuracy of these field tests, which can sometimes yield false positives or be contaminated by improper handling. Our approach includes questioning the calibration and maintenance of the testing equipment as well as the training and competence of the officers conducting the tests.
• Entrapment: This defense applies when an individual is coaxed into committing a crime by law enforcement officers or their agents, which they would not have committed otherwise. Entrapment is frequently relevant in cases involving undercover police operations.
• Medical Necessity: Although rarely applicable, some defendants might claim the possession of certain substances was medically necessary and under a doctor’s direction, requiring substantive documentation and testimony.
• Insufficient Evidence: A conviction requires that the prosecution prove every element of the crime beyond a reasonable doubt. If the evidence does not meet this standard, the defense can argue for a verdict of not guilty based on insufficient proof.

What Are the Next Steps After Hiring a Drug Crimes Lawyer?

Upon securing legal representation, the following steps are crucial in preparing a robust defense:

1. Comprehensive Review and Planning: Initial meetings will focus on understanding the specifics of your case and planning the legal strategy.
2. In-depth Investigation: Collecting and analyzing evidence is crucial, as is interviewing witnesses and formulating legal challenges to the prosecution’s methods.
3. Pre-Trial Advocacy: Engaging in pre-trial negotiations to possibly settle the case on favorable terms or filing motions that could significantly affect the trial’s dynamics.
4. Trial Preparation: If the case goes to trial, meticulous preparation is undertaken, from jury selection to preparing opening statements and cross-examinations.
5. Continuous Client Engagement: Keeping you informed and involved at every stage, ensuring that you are prepared for all possible outcomes.

What Diversionary Programs or Alternative Sentencing Options Are Available in Texas?

Texas offers various diversionary programs and alternative sentencing options for certain drug offenders, emphasizing rehabilitation over incarceration. Programs such as drug courts, pretrial diversion, and probation may be available, providing offenders with opportunities for treatment, education, and community service in lieu of traditional sentencing.

What Should You Look for in a Houston Drug Crimes Defense Lawyer?

Selecting the right defense attorney is crucial when facing drug charges in Houston. Consider these attributes:

• Proven Experience: An attorney with a track record of successfully handling drug crime cases and deep knowledge of both state and federal drug laws provides a significant advantage.
• Strong Local Reputation: A lawyer who is respected in the local legal community can offer insights and leverage relationships that benefit your case.
• Effective Communication: It’s essential that your attorney can explain complex legal issues clearly and keep you well-informed throughout the process.
• Strategic Thinking: Effective defense requires a lawyer who can craft a bespoke strategy based on the specifics of your case.
• Accessibility: Your attorney should be readily available to address your concerns and provide updates as your case progresses.
• Transparent Billing: Understand how you will be billed to avoid any surprises. A reputable lawyer will provide a clear, written agreement outlining their fees.

What Should I Expect During the Initial Consultation With a Houston Drug Crimes Lawyer?

During the initial consultation, a Houston drug crimes attorney will assess the details of your case, discuss potential defenses, and provide an overview of the legal process. Expect a candid discussion about the strengths and weaknesses of your case, potential outcomes, and the attorney’s approach to representing your interests. This meeting is an opportunity to ask questions, clarify your situation, discuss fees, and determine if the attorney fits your needs.

How Can the Cory Roth Law Office Assist You?

At the Cory Roth Law Office, our defense strategies are meticulously tailored to meet the unique needs of each client’s case, focusing on all procedural and substantive legal aspects with detailed attention. Here’s how our process unfolds:

We start by developing a customized legal strategy for each client, recognizing that no two cases are alike. Our legal team dives deep into the specifics of your case, crafting a personalized approach that directly addresses the nuances and challenges unique to your situation.

Our comprehensive case analysis involves a meticulous review of the prosecution’s evidence and tactics. We scrutinize every detail, from the methods of evidence gathering to any potential constitutional violations, ensuring that we leave no stone unturned in our pursuit of justice for you.

Dedication to vigorous advocacy is at the core of our practice. Our attorneys are committed to providing robust representation, both in negotiations and at trial. Whether we’re pushing for a case dismissal, fighting for an acquittal, or negotiating reduced sentencing, our goal is to secure the most favorable outcome possible for you.

Client-focused service is paramount at our firm. We ensure clear and continuous communication throughout the legal process, providing comprehensive support that helps you understand each stage of your case and make well-informed decisions.

Our experience with Texas drug laws equip us to handle the complexities of your case with proficiency. We are prepared to defend your rights vigorously against any charges, leveraging our deep understanding of the legal landscape to benefit your defense.

Beyond mere legal representation, we offer supportive legal assistance to help you navigate the challenges of the legal system. Our aim is to minimize the impact of the proceedings on your life, providing not just defense but also guidance through this difficult time.

At the Cory Roth Law Office, we stand committed to providing diligent, personalized representation to individuals confronting drug offenses in Houston. With a deep understanding of criminal law, a steadfast dedication to protecting our clients’ rights, and a track record of favorable outcomes, we are your trusted allies in pursuing justice. Facing drug-related charges can be daunting, but with the right legal team by your side, you’re not alone. Trust in our experience and let us guide you through every step of the legal journey. Your future and reputation deserve nothing less than the best defense.

Contact the Cory Roth Law Office at 832-400-4133 for experienced, committed legal defense in Texas drug charge cases.