Fort Worth Drug Crime Lawyers

Facing Drug Charges in Tarrant County?

If you are faced with a drug charge under either state or federal law, you could be looking at serious prison time and fines. These cases get even more complicated if the federal authorities are involved, so it is in your best interest to contact an experienced drug crime attorney in Fort Worth as soon as possible before an investigation starts.

Drug laws can be complex, but our drug crime lawyers at the Law Office of Mark M. Childress have a deep understanding of the criminal justice system in Texas. We can assess the evidence against you and the circumstances of your arrest, identify potential weaknesses in the prosecution's case, and develop a strategy for your defense.

We defend clients against all types of drug charges, including those involving:

• Drug possession: Drug possession involves having illegal drugs or controlled substances for personal use without authorization or a valid prescription. Possession can be charged as a misdemeanor or felony, depending on factors such as the type and quantity of drugs involved.
• Drug trafficking/delivery: Drug trafficking, also known as drug distribution or delivery, involves the illegal transportation, sale, or exchange of controlled substances. Trafficking often involves large quantities of drugs and can result in severe criminal penalties, including lengthy prison sentences and hefty fines.
• Drug manufacturing: Drug manufacturing refers to the production or cultivation of illegal drugs, such as methamphetamine, cocaine, or marijuana. This can involve processes like synthesizing chemicals or growing plants to extract controlled substances. Manufacturing drugs is a serious offense that can result in significant legal consequences.
• Drug distribution: Drug distribution involves the sale, exchange, or transfer of illegal drugs or controlled substances to others. Distributors may operate at various levels of the drug trade, from street-level dealers to higher-level traffickers. Like trafficking, drug distribution carries substantial legal penalties.
• Possession of drug paraphernalia: Possession of drug paraphernalia involves having items used for the consumption, preparation, or concealment of illegal drugs, such as syringes, pipes, or scales. While possession of drug paraphernalia may be considered a less severe offense than drug possession, it can still lead to criminal charges and penalties.
• Possession with intent to sell: Possession with intent to sell, also known as possession with intent to distribute, occurs when an individual is found in possession of illegal drugs with the intention of selling or distributing them to others. Law enforcement may determine intent based on factors such as the quantity of drugs, packaging materials, and other evidence indicating an intent to sell.
• And more

Get started on your defense by calling (817) 497-8148 or contacting us online.

What Determines if a Drug Crime Is a Misdemeanor or a Felony?

Texas considers two factors when determining if a drug crime will be a misdemeanor or a felony: the type of illegal substance and the amount of the substance.

Any amount of heroin, cocaine, methamphetamine, or amphetamine will result in a felony. Possession of marijuana will start off as a misdemeanor unless the amount exceeds 4 ounces. If you manufacture, deliver, attempt to deliver, and/or possess with the intent to deliver any type of illegal drug, you will face felony charges.

What Is Considered an Illegal Substance?

Under both state and federal law, certain categories of drugs have been named illegal to use, make, manufacture, share, distribute, sell, or possess. In Texas, drugs are divided into four categories known as penalty groups. 

There are seven illegal substance categories in the state of Texas: 

• Controlled Prescription Drugs (CPDs)
• Heroin (can also be mixed with fentanyl)
• Fentanyl and other synthetic opioids
• Cocaine
• Methamphetamine
• Marijuana
• New Psychoactive Substances (NPS)

Drug Penalty Groups in Texas

Drugs are divided into four penalty groups in Texas, which determines what type of drug charges and punishments an individual will receive for possession of said illegal substance. 

Here are the drug penalty groups, according to the Texas Controlled Substance Act: 

• Penalty Group 1: heroin, cocaine, and methamphetamine
• Penalty Group 1-A: LSD
• Penalty Group 2: THC, mescaline, PCP, psilocybin, and ecstasy
• Penalty Group 2-A: Synthetic cannabinoids
• Penalty Group 3: Valium, Xanax, hydrocodone, anabolic steroids, and Ritalin
• Penalty Group 4: Codeine and opium

Penalties for Each Drug Penalty Group

Texas Health and Safety Code defines the punishment ranges for drug penalty groups accordingly:

Group 1 Drug Offenses:

• Possession of less than 1 gram is a state jail felony
• Possession of more than 1 gram but less than 4 grams is a third-degree felony
• Possession of more than 4 grams but less than 200 grams is a second-degree felony
• Possession of more than 200 grams but less than 400 grams is a first-degree felony
• If you are found more than 400 grams of this drug, you could face life in prison, or a prison sentence of anywhere from 5 to 99 years in jail, and up to a $100,000 fine

Group 1-A Drug Offenses:

• If the number of drug units is less than 20, this is considered a state jail felony
• If the number of drug units is more than 20, but less than 80, it is considered a third-degree felony
• If the number of drug units is more than 80, but less than 4,000, it is considered a first-degree felony
• Possession of more than 8,000 drug units could mean life in prison, or a prison sentence of anywhere from 5 to 99 years in jail, and a fine of up to $250,000

Group 2 Drug Offenses:

• Possession of less than 1 gram is considered a state jail felony
• Possession of more than 1 gram but less than 4 grams is considered a third-degree felony
• Possession of more than 4 grams but less than 400 grams is considered a second-degree felony
• Possession of more than 400 grams could mean life in prison, or a prison sentence of anywhere from 5 to 99 years in jail, and up to a $50,000 fine

Group 3 Drug Offenses:

• Possession of less than 28 grams is considered a Class A misdemeanor
• Possession of more than 28 grams but less than 200 grams is a third-degree felony
• Possession of more than 200 grams but less than 400 grams is a second-degree felony
• Possession of more than 400 grams could mean life in prison, or a prison sentence of anywhere from 5 to 99 years in jail, and up to a $50,000 fine

Penalty Group 4 Drug Offenses:

• Possession of less than 28 grams is considered a Class B misdemeanor
• Possession of more than 28 grams but less than 200 grams is a third-degree felony
• Possession of more than 200 grams but less than 400 grams is considered a second-degree felony
• Possession of more than 400 grams could mean life in prison, or a prison sentence of anywhere from 5 to 99 years in jail, and up to a $50,000 fine

Potential Defenses Against Drug Possession Charges

Defending against drug possession charges in Texas involves examining the specific circumstances of the case. Here are some common defenses that your attorney may explore:

• Unlawful search and seizure: If law enforcement conducted an illegal search and seizure, violating your Fourth Amendment rights, any evidence obtained during the unlawful search may be deemed inadmissible in court.
• Lack of possession: To be charged with drug possession, you must have actual or constructive possession of the controlled substance. If you can demonstrate that you did not possess the drugs, it could be a valid defense.
• Lack of knowledge: If you were unaware that the drugs were in your possession or if you had no knowledge of their presence, it may be a defense. This is particularly relevant in cases where you may have borrowed a vehicle or borrowed an item containing drugs without knowledge.
• Mistaken identity: If there is a possibility of mistaken identity, where someone else was in possession of the drugs but you were wrongly implicated, it could be a defense.
• Illegal search warrant: If law enforcement obtained a search warrant based on false information or failed to follow proper procedures, the evidence obtained through that warrant may be challenged.
• Entrapment: If law enforcement induced you to commit a crime that you would not have otherwise committed, you may have a defense based on entrapment.
• Chain of custody issues: The prosecution must establish a proper chain of custody for the seized drugs to ensure that the evidence has not been tampered with. If there are discrepancies in the chain of custody, it may be a basis for challenging the evidence.
• Constitutional violations: Any violation of your constitutional rights during the arrest or interrogation process could be grounds for a defense. This includes violations of your Miranda rights, such as the right to an attorney.

It's crucial to consult with a Fort Worth drug crime attorney from the Law Office of Mark M. Childress to determine the most effective defense strategy based on the specific details of your case. 

What is a Drug Diversion Program?

In Texas, drug diversion refers to a program designed to offer certain individuals charged with drug-related offenses an alternative to traditional criminal prosecution. The program aims to divert these individuals away from the criminal justice system and into rehabilitative services, such as drug education, counseling, and treatment. The goal is to address the underlying issues that led to the drug-related behavior and help individuals make positive changes in their lives.

To qualify for drug diversion in Texas, individuals typically need to meet certain eligibility criteria, which can vary depending on the jurisdiction and the specific program. However, common factors that may influence eligibility include:

• Non-violent Offense: Drug diversion programs generally target non-violent offenders who are charged with drug possession or related offenses rather than individuals involved in drug trafficking or violent crimes.
• First-time Offenders: Many drug diversion programs are designed for first-time offenders or individuals with minimal criminal histories. These programs often aim to provide an opportunity for rehabilitation and avoid stigmatizing individuals with more serious criminal records.
• Willingness to Participate: Eligible individuals must be willing to participate fully in the requirements of the drug diversion program, which may include attending counseling sessions, completing drug education courses, submitting to drug testing, and complying with any other conditions imposed by the court.
• Assessment: In some cases, individuals may need to undergo a substance abuse assessment to determine the most appropriate level of treatment or intervention needed to address their needs.
• Agreement to Terms: Participants typically need to agree to certain terms and conditions, such as refraining from further criminal activity, maintaining regular contact with program supervisors, and completing all required programming.

Generally, if an individual successfully completes the program, they may have the opportunity to have their charges dismissed or reduced, potentially avoiding a criminal conviction on their record. However, failure to comply with the program requirements may result in termination from the program and reinstatement of criminal proceedings.

Turn to Our Fort Worth Drug Offense Lawyers for Help

For experienced legal counsel in your time of need, you should get in touch with our firm immediately. Drug offenses in Texas are serious, so do not hesitate to reach out to learn more about Texas state law as it pertains to drug offenses and how we can be of service.

Contact us online or call us at (817) 497-8148 for help with your drug charges in Tarrant County or a surrounding area. Our Fort Worth drug crime lawyers are ready to help.