Houston Drug Crimes
Texas law imposes strict penalties for manufacturing, possession and selling illegal drugs. If you’ve been charged with a drug-related crime, you could face substantial jail time, large fines, and other major life-changing consequences.
However, all is not lost with an experienced legal advocate on your side. A Houston drug crime defense attorney can uncover key details and build a case in your best interest.
Get the Help of an Experienced Houston Drug Crime Defense Attorney
Your life, money, and family are on the line if you’re facing drug-related criminal charges. At the Law Office of Matt Tyson PLLC, our legal team will explain the strengths and weaknesses of your case and help you make the best decisions moving forward. When it’s time to fight, your advocates will be in your corner, fervently fighting on your behalf every step of the way.
Call or email us today for a free consultation and learn more about drug possession charges in Houston.
“Matt is awesome. He is more of a friend than a lawyer. He was always available to answer my questions at any time of the day or night which is rare now a days. He was very patient in answering all my questions and was upfront about what I should expect. I recommend him without any hesitation.” —Sid M.
Crimes involving illegal drugs may include (but are not limited to):
Dealing or Delivering: Selling or delivering illegal drugs locally or on a smaller scale
Trafficking: Transporting, selling, and/or importing illegal drugs
Possession: Having illegal drugs on your person or property
Manufacturing: Being involved in the process of making illegal drugs
Paraphernalia-Related Acts: Possessing equipment intended to use or conceal illegal drugs
Naturally, not every drug-related crime receives the same penalty. Depending on your individual circumstances – the drugs involved, the specific actions with which you’ve been charged, and other facts – the charges can vary greatly. No matter the situation, it’s critical to act immediately and protect your legal rights. We can help.
Houston Drug Offenses Lawyers
There are a variety of criminal charges that individuals can face connected to the possession, manufacturing, and sale of narcotics, and the penalties for a conviction of any of these charges can be severe, affecting nearly every aspect of a person’s life. Even the most minor of charges can carry penalties such as thousands of dollars in fines and even time in jail.
With penalties as serious as these, our team at the Law Office of Matt Tyson, PLLC believes that individuals in Houston facing drug charges of any kind need to be equally serious about their defense. Being convicted of such a crime can be extremely difficult on you, your family, and your future, making it critical to have the guidance and knowledge of a Houston drug defense attorney behind you.
Get in touch today to receive tailored, expert legal advice for your specific case.
Common Types of Drug Offenses
The consequences of being convicted for a drug-related offense can continue to affect you and your freedoms long after your court-ordered penalties have been carried out. As such, it is imperative that anyone facing charges of this nature contact an experienced attorney as soon as possible to have the best chance at having the charges against them reduced in severity or erased altogether.
Some of the most common types of drug offenses individuals in Texas find themselves facing include:
Drug Possession
Drug Sales
Drug Manufacturing / Delivery
Drug Trafficking / Distribution
Drug Paraphernalia
Drug Possession Penalties in Texas
There are various punishments for drug possession in Texas, which are divided into four groups known as Penalty Groups 1, 2, 3 and 4. The charges for each group depend upon the circumstances of the case and the type of drug that is found to be in possession. The groups are listed as follows:
Penalty Group 1: Opioids and painkillers like hydrocodone and oxycodone, codeine, heroin, cocaine, methamphetamine, LSD, mescaline, ketamine, psilocybin and other types of hallucinogens.
Penalty Group 2: MDMA (ecstasy), hashish, PCP and other drugs derived from cannabis including marijuana.
Penalty Group 3: Drugs that include benzodiazepines and sedatives such as Valium, anabolic steroids, methylphenidate (Ritalin), and other drugs that have either a stimulant or depressant effect.
Penalty Group 4: Opioids and opiates not listed in Penalty Group 1.
In addition to the amount of drugs found in possession, there are other factors that determine the severity of the drug charges. You may be charged with other crimes, such as intent to distribute, especially if you are found in possession of any accompanying drug paraphernalia (for example – scales), or large amounts of cash. Drug charges can be more severe if an individual has past drug convictions or prior offenses.
Drug Possession Defenses
There are many possible defenses for drug possession, including the following:
Unwitting Possession
One defense against a drug charge is a defense of “unwitting possession.” Even though the individual may have actual possession of drugs, the person cannot be found legally guilty if they were unaware that drugs were in their possession. For example, if a person gives a package to a messenger service that contains drugs, and the messenger delivers the package and is unaware that there are drugs in the package, this would be a case of unwitting possession.
Lack of Possession
Another common defense is “lack of possession.” For instance, if drugs are found in a house where the homeowner is absent but a renter is living there, it may be unclear who actually was in possession of the substance. It is more difficult to accuse someone of drug possession if it was unclear who owned the drugs.
Abuse of Power by Law Enforcement
Another defense is if there was an abuse of power by police in discovering the drugs. Planted evidence is one example, but the abuse of power can happen in other ways as well. It can mean that an illegal search or seizure was conducted, illegal methods of surveillance were used, or threats were made against witnesses or other people.
Entrapment is a similar defense if an individual was coerced into buying drugs when they would not have normally done so. However, it is not considered an abuse of power for the police to lie when conducting a drug sting, for example. When someone is acting as an undercover agent, this is a lawful method for determining if an individual possesses drugs. If a person is not coerced, but purchases drugs of their own free will, it is not entrapment.
Know Your Rights
Those accused of crimes have a number of rights guaranteed by the US Constitution. Knowing your rights can help you avoid serious, life-changing penalties and additional criminal charges. Some of these guaranteed rights that are especially beneficial for those accused of a criminal offense include:
The right to remain silent in order to avoid self-incrimination.
The right to reasonable bail.
The right to a fair and public trial.
The right to be informed of the charges against you.
The right to be confronted with the witnesses against you.
The right to gather witnesses of your own.
The right to be represented by an attorney; and
The right to competent legal representation.
A criminal defendant is also presumed innocent until proven guilty. This means the prosecutor has the burden of proving beyond a reasonable doubt that you committed the criminal act or acts in question. This also means a defendant does not have to do or say anything to prove that he or she is innocent.
It is important to know that if you want the best outcome for your case, you should assert your right to be represented by an attorney. A lawyer's job is to protect your rights. Even if you are accused of a misdemeanor, you need a lawyer. Misdemeanor crimes can land you in jail for up to one year and even Class C misdemeanors can carry severe penalties such as driver's license suspensions and heavy future consequences for your record
The District Attorney cannot give you any legal advice. The judge will insist that you know the law yourself or get a lawyer. You should get a lawyer. A lawyer will also be able to explain and walk you through many of the Court procedures such as arraignment, plea bargaining, and appeals, and will be able to advise you on what is a fair deal in your case.
If you do not have a lawyer, the judge will give you enough time to hire a lawyer of your choice. If you cannot afford a lawyer, the judge must appoint a lawyer for you.