If you’ve been charged with a drug-related offense in Fort Worth, TX, obtaining legal representation is not just advisable; it’s essential. Trust a capable Fort Worth drug crimes lawyer of Cofer Luster Criminal Defense Lawyers to navigate Texas laws and safeguard your rights throughout the judicial process. Call us at (682) 777-3336 today.
When confronting potential penalties that could alter the course of your life, there’s no reason to wait to seek help. As soon as you’re charged with a drug crime, you should reach out to Cofer Luster Criminal Defense Lawyers for trusted assistance.
Contact our law office to schedule a consultation with a Fort Worth drug crimes lawyer.
How Cofer Luster Criminal Defense Lawyers Can Help If You’re Arrested for a Drug Crime in Fort Worth, TX
Facing drug crime charges in Fort Worth, Texas, can be a harrowing experience with significant legal ramifications. Fortunately, our criminal defense lawyers are here to help.
Here’s how our team can assist:
- We understand that every case is unique and requires an individualized defense. We will craft strategies that cater to the specifics of your situation.
- Our team will examine all aspects of your arrest and the evidence obtained by law enforcement for any issues or weaknesses – like the legality of the search and seizure to determine if your constitutional rights were violated.
- We’ll negotiate with prosecutors to reduce the charges or even have them dropped altogether when possible.
- If your case goes to trial, we will represent you in court. We’ll present your story persuasively and challenge prosecution claims whenever appropriate.
Don’t let drug charges dictate the course of your future without fighting back. Contact Cofer Luster Criminal Defense Lawyers for a initial consultation with a Fort Worth criminal defense attorney.
Overview of Drug Crimes in Texas
Texas maintains stringent laws against drug-related offenses, which results in severe penalties for those convicted. Understanding the various classifications of drug crimes is crucial for navigating drug charges in this state.
The following are some of the most common types of drug charges defendants face in Texas:
Possession of a Controlled Substance
Possession charges arise when an individual is found with an illegal substance. It’s important to distinguish between actual possession and constructive possession.
Actual Possession
Actual possession occurs when the illegal substance is found directly on the individual, such as in their pockets or a bag they’re carrying. This form of possession is the most straightforward and easiest to prove in court.
Constructive Possession
Constructive possession, on the other hand, is more complex. This charge implies that the individual had access to and control over the substance, even if it wasn’t on their person at the time of discovery. For example, drugs found in a person’s car or home could lead to constructive possession charges if it can be shown that they had the intent and ability to control those substances.
Possession With the Intent to Distribute
Possession with the intent to sell drugs is a more serious crime than simple possession. Individuals can be arrested and convicted for this offense even if they are not caught in the act of selling drugs.
Prosecutors may use circumstantial evidence, such as the quantity of drugs, possession of packaging materials, or large amounts of cash, to infer the intent to distribute. This offense carries severe penalties, reflecting the state’s strict stance on drug distribution.
Possession of Marijuana
Many states have made strides in decriminalizing or even legalizing certain forms of marijuana possession. However, Texas remains behind in this respect. Despite the legalization of medical marijuana under limited circumstances, possessing marijuana is still a criminal act. For smaller quantities, such as less than two ounces, the offense is treated as a Class B misdemeanor.
However, possessing larger quantities, especially above 2,000 pounds, is classified as a first-degree felony, which carries much harsher penalties.
What Are the Potential Penalties For Drug Crimes in Texas?
Penalties for drug possession in Texas vary widely based on several determining factors, including:
- The Type of Drug: More dangerous drugs incur harsher penalties.
- Quantity: Larger amounts lead to more severe penalties.
- Storage or Concealment Method: Drugs hidden in complex ways may suggest an intent to distribute.
- Additional Drug Paraphernalia: Items such as scales or large sums of money can result in more severe drug offenses.
- Past Convictions: Repeat offenders face harsher penalties.
Generally, the consequences for all types of drug crimes in Texas include the following:
Jail/Prison Time
The severity of jail time for drug crimes in Texas varies widely depending on the type and quantity of the controlled substance. For Penalty Group 1 drugs (like methamphetamine, crack, and heroin), defendants can face anywhere from 180 days to life in prison.
Penalty Group 2 drugs (like ecstasy, PCP, and Adderall) also carry a potential maximum sentence of life in prison.
Penalty Groups 3 (for example, hydrocodone, Xanax, and Valium) and 4 (opium and morphine) generally have more lenient sentences, with the potential for misdemeanor charges and shorter jail times for smaller quantities. However, possession of larger amounts can still result in life sentences.
Just possessing certain substances could lead to life in prison in Texas, so these charges should be taken very seriously.
Fines
Fines for drug-related offenses in Texas are substantial and designed to deter drug crimes. Penalty Group 1 offenses can result in fines of up to $250,000, reflecting the high risk and potential for abuse associated with these substances.
Penalty Group 2 and higher can incur fines of up to $50,000. These hefty financial penalties are meant to underscore the seriousness of drug crimes and their impact on public health and safety.
Probation
Probation is often a part of the sentencing for drug crimes in Texas, especially for first-time offenders or those charged with lesser amounts. During probation, defendants must comply with specific conditions set by the court, such as regular check-ins with a probation officer, drug testing, and participation in drug education or rehabilitation programs.
Violating these conditions can lead to additional penalties, including extended probation or incarceration.
Given the severity of these consequences, it is crucial for defendants facing drug charges to seek the guidance of an experienced criminal defense lawyer as soon as possible.
What Defenses Can Be Raised If I’m Arrested for a Drug Crime in Fort Worth, TX?
Being detained or arrested for drug crimes in Texas doesn’t necessarily mean conviction is inevitable. Experienced defense lawyers have a suite of strategies they might employ to protect your rights and challenge the prosecution’s case:
Unlawful Search and Seizure
The Fourth Amendment provides protection against unlawful search and seizure. Your Fort Worth drug crimes attorney will examine the circumstances leading to your arrest and investigate whether law authorities adhered strictly to proper legal procedures.
If it turns out that law enforcement officials searched your property or person without a valid warrant – or they searched beyond what the warrant permitted – the court could deem any discovered evidence inadmissible.
Lack of Possession
Sometimes, drugs are discovered in an area where many people have access. Your lawyer might argue that you did not possess or control the drugs and that there’s no conclusive evidence to link them specifically to you.
For example, if drugs were found in a shared area, like a common living space or a vehicle with multiple occupants, your experienced drug offense lawyer can challenge the assumption that you were aware of their presence or had control over them. The prosecution must prove beyond reasonable doubt that you knew about and possessed the narcotics – merely being near them isn’t always enough for a conviction.
Entrapment
An entrapment defense applies when a law enforcement officer induces someone into committing a crime they would not have otherwise engaged in. For example, suppose you were directed or coerced into carrying, holding, or purchasing illegal substances by police or informants working under police directives. Your attorney may have grounds to argue that you were entrapped. You must establish that without the officer’s encouragement, the crime would never have occurred.
Errors in Handling or the Chain of Custody
Your lawyer may identify and spotlight any mishaps in how evidence was labeled, stored, or handled. If a link in this forensic chain is missing or uncertain, the credibility and admissibility of evidence could be significantly undermined.
Navigating drug crime charges is a complex process, but with the right defense strategy, it’s possible to challenge the evidence against you and end up with a favorable outcome.
If you or a loved one is facing drug charges in Fort Worth, it is essential to work with an experienced legal team. At our law firm, we understand the complexities and serious consequences of drug-related offenses and are committed to defending your rights. Contact Cofer Luster Criminal Defense Lawyers for a consultation with a Fort Worth drug crimes attorney.
