Drug Crimes Attorney in Dallas, Texas

If you've been charged with a drug crime in Texas, having strong legal representation is essential to your defense.

Drug-related offenses are taken seriously by both state and federal authorities, and a conviction can lead to severe consequences, including long prison sentences, hefty fines, and long-term damage to your record. 

Whether facing charges for possession, trafficking, manufacturing, or distribution of controlled substances, a skilled Texas criminal defense attorney from the Law Office of Sherrod J Edwards can help understand the intricacies of the legal process, protect your rights, and work toward the best possible outcome for your case.

Are You Facing Drug Crime Charges in Texas?

In Texas, drug crimes are divided into several categories, with penalties depending on the type and quantity of drugs involved, as well as other factors like intent to distribute. Drug possession charges can range from a misdemeanor to a felony offense. 

Possession of a small amount of a controlled substance may result in misdemeanor charges, but possession of large quantities can lead to felony charges, with significantly harsher penalties. Additionally, drug trafficking, distribution, and manufacturing offenses carry severe legal consequences.

Texas follows a classification system for controlled substances, which includes five penalty groups. Each group contains substances that are classified based on their potential for abuse, medical use, and safety profile. The penalties for drug-related offenses are directly tied to the substance involved and the amount in question. 

For instance, drugs like heroin, methamphetamine, and cocaine are categorized under higher penalty groups, leading to more severe penalties for possession, distribution, or trafficking.

Types of Drug Crimes in Texas

Drug-related offenses can involve various charges, each with its own legal considerations. Below are the most common drug crimes that individuals in Texas may face:

Drug Possession

Possession of controlled substances is one of the most common drug charges in Texas. Possession charges can vary depending on the substance and the amount found on the individual. Even possessing a small amount of a drug can lead to criminal charges if it’s in a category of substances deemed illegal under Texas law.

Drug Trafficking and Distribution

Drug trafficking involves the movement of illegal substances from one location to another with the intention of selling or distributing them. The penalties for drug trafficking in Texas are particularly severe, especially when the quantity of drugs is substantial. Distribution, which includes the selling, transporting, or delivering drugs, is also heavily penalized under Texas law.

Drug Manufacturing

Drug manufacturing is a charge that can arise when an individual is found to be involved in the production or synthesis of illegal drugs. This includes cultivating marijuana, producing methamphetamine, or any other illegal drug-making activity. The penalties for drug manufacturing can be severe, with long prison sentences and heavy fines.

Drug Paraphernalia

Possessing drug paraphernalia—items like pipes, bongs, syringes, or other equipment commonly used to ingest, prepare, or distribute illegal substances—is another charge that can be brought against an individual. While less severe than possession or trafficking, this charge still carries legal consequences.

Driving Under the Influence of Drugs (DUID)

Operating a vehicle under the influence of drugs is another offense related to drug crimes in Texas. This can result in criminal charges similar to those for driving under the influence of alcohol. Individuals charged with DUID may face penalties such as fines, suspension of their driver’s license, and imprisonment.

Defending Against Drug Crime Charges

As a criminal defense attorney, I play an integral role in defending clients against drug charges. The defense strategies used will depend on the specific facts of each case, but there are several common tactics that may be employed to challenge the charges. Below are some defense options often used in drug crime cases:

Illegal Search and Seizure

One of the most common defenses in drug cases is that the evidence used against the defendant was obtained through an illegal search or seizure. The Fourth Amendment of the United States Constitution protects individuals from unreasonable searches and seizures. If law enforcement officers violated this constitutional right, evidence gathered during the search may be inadmissible in court.

Lack of Knowledge or Intent

In some cases, a defendant may claim they had no knowledge of the illegal substance in their possession. For example, they might argue that drugs were planted on them or that they unknowingly carried a substance that they didn’t realize was illegal. Similarly, a defendant may argue there was no intent to sell or distribute the drugs, which can impact the severity of the charges.

Unlawful Arrest

A defense based on an unlawful arrest could challenge the legitimacy of the initial stop, questioning whether law enforcement had reasonable suspicion or probable cause. If it can be shown that the arrest wasn’t based on proper legal grounds, the charges may be reduced or dismissed.

Entrapment

Entrapment occurs when law enforcement officials coerce or encourage an individual to commit a crime they otherwise would not have committed. This defense can be used in cases where an individual was induced to engage in drug trafficking or distribution by undercover officers.

Chain of Custody Issues

In drug cases, the prosecution must prove that the drugs found were indeed the same substances that were collected as evidence. If there are issues with the chain of custody—meaning the evidence was handled improperly or tampered with—the defense may argue that the evidence is unreliable.

Penalties for Drug Crimes in Texas

The penalties for drug crimes in Texas can vary widely depending on the type of offense and the specific circumstances of the case. Generally, penalties are harsher for felonies and drug trafficking cases, but even misdemeanor convictions can lead to serious consequences, such as jail time and substantial fines.

Drug Possession

Penalties for possession depend on the amount of the drug involved and the specific penalty group to which the substance belongs. For example, possession of fewer than 2 ounces of marijuana is a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000. 

On the other hand, possessing larger amounts of drugs like cocaine, methamphetamine, or heroin can result in first-degree felony charges, with penalties ranging from 5 to 99 years in prison and a fine of up to $10,000.

Drug Trafficking and Distribution

The penalties for drug trafficking and distribution are much more severe than those for simple possession. For instance, trafficking in large amounts of substances like methamphetamine or cocaine can result in life imprisonment, especially if the trafficking involves large quantities (e.g., 400 grams or more). 

Drug distribution charges are often considered felonies, and penalties depend on the type and amount of the drug involved.

Drug Manufacturing

Manufacturing illegal drugs in Texas is a felony offense that can result in severe penalties, including long prison sentences and large fines. Manufacturing methamphetamine, for example, carries penalties of 5 to 99 years in prison and fines of up to $50,000, depending on the amount produced.

Drug Paraphernalia

While the penalties for possessing drug paraphernalia are generally less severe than for possession of drugs, they can still result in criminal charges. Possession of drug paraphernalia is typically classified as a Class C misdemeanor, but in certain circumstances, such as the sale or distribution of paraphernalia, it can lead to more serious charges.

Driving Under the Influence of Drugs (DUID)

The penalties for driving under the influence of drugs in Texas can be severe, especially if the driver is involved in an accident or has a prior record. Individuals convicted of DUID can face fines, suspension of their driver’s license, and possible jail time.