Drug crimes, even misdemeanors, in Texas are serious offenses that not only can result in large fines, jail time, and loss of driver’s license, but can also result in life-long negative consequences affecting job prospects, ability to be licensed in various careers, recieving benefits, and many other important aspects of life. The laws concerning drug offenses in Texas are complicated and navigating a drug charge should be done by an expert defense attorney with experience. What follows are some general characteristics of Texas drug laws and offenses.
Texas Drug Offenses
Drug offenses in Texas (based on the Texas Controlled Substances Act) are divided into misdemeanor and felony offenses. There are many factors that determine the seriousness of a drug charge, including the amount of controlled substance, presence of paraphernalia, was there money with the drugs and how much, as well as the accused prior convictions. The classification of offense is also dependent on the type (or “scheduled class”) of drug found.
A misdemeanor possession of marijuana under 2 ounces can carry up to 180 days in jail, however an experienced attorney can often fight for probation under the conditions of completing a treatment program. The legal consequences for more than 2 ounces can range between 180 days ain jail up to a life sentence [for more than 2000 pounds.]
“Hard Drugs” such as cocaine and methamphetamine carry much stiffer penalties in Texas than marijuana offenses. Often the minimum penalty for offenses in this category are two years in jail but 400 grams could carry a life sentence. Anyone charged with a drug offense in this category should contact a defense attorney as soon as possible for professional representation.
Intent to Distribute
A possession with intent to distribute can exponentially compound the consequences of a drug offense. It’s very important to note that no actual verbal intent needs to be expressed by the accused. In other words, one can be charged with intent to distribute controlled substances solely on the basis of circumstantial evidence, such as the quantity of drugs, and nature of the packaging containing the substances, and possession of cash. As well, courts will consider the testimony of law enforcement as expert witnesses with the focus of prosecuting an intent to distribute.
Contact a Criminal Defense Attorney
If you or a loved one are charged with a drug offense or intent to distribute in Houston, Harris County, or surrounding areas contact Carl Haggard for a free confidential consultation about your charges. Carl is an ex-Chief District Prosecutor with over 30 years of verifiable winning experience. As soon as you discuss your case The Haggard Law Firm will go to work fighting for you to provide the best defense possible against your charges.
Drug Offense Resources