Houston Drug Trafficking Attorney

Defending Against Drug Trafficking Charges in Houston

Texas takes drug offenses quite seriously, especially drug trafficking. If you were arrested for this crime and you don’t fight back within the legal system, you could end up with years of prison time and expensive fines. This is why you should get legal help from an experienced criminal defense lawyer who has won drug trafficking cases for previous clients.

At the Cory Roth Law Office, we have helped numerous clients avoid conviction and prison time for drug offenses. Our team is dedicated to providing aggressive defense strategies to protect your rights and fight for the best possible outcome in your case. If you want to learn how we would approach your drug trafficking case, contact us today at 832-400-4133 for a consultation.

What Is Drug Trafficking?

Drug trafficking is among the most severe drug offenses you can be accused of in Texas, as this charge refers to manufacturing, transporting, or possessing controlled substances with the intent to deliver them.

If you’re charged with this drug offense, it means the police believe the illegal drugs you had in your possession were not only for your own use, but to distribute to others for profit. While possession of certain controlled substances is illegal, it’s typically a misdemeanor, while drug trafficking is frequently a felony because it involves providing harmful substances to other people.

In most cases, the police suspect drug trafficking when someone is caught with a large quantity of a controlled substance. However, it’s possible to be accused of this crime even if you have a small amount of the drug, as certain evidence can suggest the intent to sell or transport a controlled substance.

For instance, if the police search you or your vehicle and find small baggies for packaging drugs or a lot of cash, they might decide this means you’re selling illegal substances. Fortunately, an experienced Houston drug trafficking lawyer can fight this accusation to reduce your charge to drug possession or to have your case entirely dropped. 

How Serious Are Drug Trafficking Charges in Texas?

Drug trafficking charges are often considered felonies in Texas, but the degree of felony depends on the type of drug you’re accused of trafficking. The Texas Controlled Substance Act categorizes drugs into four groups based on their potential for addiction. So, the specific felony charge and associated punishment you face will depend on the category of drug involved in your case.

The categories of controlled substances in Texas include:

• Penalty Group 1: Cocaine, heroin, methamphetamine, oxycodone, ketamine, and morphine
• Penalty Group 1A
• Penalty Group 1B
• Penalty Group 2: Ecstasy, mescaline, PCP, and mushrooms
• Penalty Group 2A: synthetic cannabinoids, such as K2 and spice
• Penalty Group 3: Peyote, anabolic steroids, and prescription medications, such as Xanax, Valium, Klonopin, Ritalin, and Ativan
• Penalty Group 4: Medications with small amounts of opium or codeine

In general, the drugs in the first few penalty groups are considered the most dangerous because they’re highly addictive and have few medical uses. So, if you’re charged with trafficking drugs in those groups, your penalties will be severe, which is why you need to talk to a Houston criminal defense lawyer. 

What Are the Penalties of Drug Trafficking in Texas?

Drug trafficking penalties include jail time and fines, though some can result in years in prison and other severe consequences. Your specific penalties will vary depending on which penalty group the drugs are in and the quantity you allegedly possessed.

For example, if you’re accused of trafficking less than 1 gram of a drug in penalty group 1, you face a state jail felony that could lead to fines of up to $10,000 and between 180 days and two years in a state jail. On the other hand, if you’re caught with 200 grams of this type of drug, it’s a first-degree felony, which can result in fines of up to $100,000 and between 5 and 99 years in prison. The consequences are similar for offenses involving drugs in penalty group 2.

The penalties become less severe if your charges involve drugs in penalty group 3, though they can still result in jail time. For instance, trafficking a small amount of a drug in penalty group 3 is a Class A misdemeanor can be punished by up to $4,000 in fines and one year in jail. However, if you allegedly had 400 grams or more of the drug, the charge would become a first-degree felony that could lead to up to $50,000 in fines and 5 to 99 years in prison.

Finally, trafficking less than 28 grams of a drug in penalty group 4 is a Class B misdemeanor that could result in up to $2,000 in fines and up to 180 days in jail. By contrast, trafficking over 400 grams is a first-degree felony punished by up to $50,000 in fines and 5 to 99 years in prison. 

What Should You Do If You Are Arrested for Drug Trafficking?

If arrested for drug trafficking, it’s critical to know and exercise your rights effectively. First and foremost, utilize your right to remain silent, as anything you say can and will be used against you in court. Inform the arresting officers that you wish to consult with your attorney before making any statements or answering questions.

Immediately reaching out to a qualified Houston drug trafficking lawyer is essential. They will provide the necessary legal guidance and represent your interests from the initial stages through the entirety of the legal process, advising you on the best actions to take and common pitfalls to avoid.

What Are Common Defense Strategies for Drug Trafficking Charges?

Defending against drug trafficking charges often involves challenging the prosecution’s assertions of intent to distribute the drugs. The burden is on the prosecution to prove that you intended to distribute the drugs, rather than possessing them for personal use. Your lawyer may challenge the interpretation of evidence such as the quantity of drugs or the presence of distribution materials to argue against an intent to distribute.

Another defense strategy might involve claiming entrapment, which can occur if law enforcement officials induced you to commit a crime that you would not have otherwise engaged in. Additionally, your lawyer could argue that there was a breach in the chain of custody of the drug evidence, which might cast doubt on the integrity of the evidence and potentially lead to it being dismissed.

How Can You Support Your Defense Against Drug Trafficking Charges?

Being proactive in your defense is crucial. Provide your attorney with all pertinent details of the circumstances leading to your arrest and any interactions with law enforcement. This information is vital in crafting an effective defense strategy.

Collect any potential evidence that could bolster your case, such as communications or videos. Ensure compliance with all court orders and maintain attendance at all required court appearances. Demonstrating responsibility and a proactive stance can positively influence the proceedings.

How Does Federal Law Impact Drug Trafficking Charges in Texas?

Drug trafficking charges in Texas can become more complex if federal laws come into play, especially in scenarios involving significant quantities of drugs or interstate trafficking elements. Federal charges are known for their severe penalties, which often exceed those at the state level, including prolonged prison terms and hefty fines. These cases might involve federal law enforcement agencies and are prosecuted under federal statutes.

Having a Houston drug trafficking lawyer who is versed in both state and federal laws is crucial. Such a lawyer will navigate the different legal frameworks, potentially working towards plea agreements or challenging the federal prosecution’s case effectively.

How Can a Houston Drug Trafficking Lawyer Help You?

If your goal is to avoid a drug trafficking conviction, it’s essential to hire an experienced Houston criminal defense attorney to learn what the most effective defense angle would be for your case. At the Cory Roth Law Office, our team has defended countless clients from felony and misdemeanor drug charges.

Dealing with drug trafficking charges in Texas demands a deep understanding of both the legal intricacies and strategic defenses. A seasoned drug trafficking lawyer in Houston can be instrumental from the onset of your case. They will start by meticulously reviewing the arrest details to verify that no rights were infringed, particularly during the search and seizure operations that led to the drug discovery. Identifying any violations can enable your lawyer to challenge the admissibility of the evidence, which could result in charges being reduced or dismissed.

Your attorney will also critically assess the prosecution’s arguments, examining the evidence, and highlighting any inconsistencies or weaknesses. This thorough analysis helps in formulating a defense that might include negotiating for reduced charges or advocating for alternatives to incarceration, such as rehabilitation programs if addiction is a relevant factor.

Why Choose Cory Roth Law Office for Your Drug Trafficking Defense?

Selecting the right attorney is pivotal when facing serious charges like drug trafficking. The Cory Roth Law Office brings specialized experience in drug trafficking defenses, offering personalized legal strategies that consider your specific circumstances. Our track record in handling such cases speaks to our commitment to securing the best possible outcomes for our clients.

We understand the importance of getting the case dropped, achieving a not-guilty verdict, or at least reducing the charges. That’s why we work hard for every client accused of serious criminal offenses. 

Our approach involves clear communication, ensuring you are fully informed throughout your case. We are committed to rigorous defense and strategic planning, making every effort to protect your rights and future. For those seeking a dedicated and experienced Houston drug trafficking lawyer, the Cory Roth Law Office stands ready to assist. Call us at 832-400-4133 for a consultation to discuss how we can support your defense and aim for a favorable resolution of your case.