Texas Drug Crimes Lawyers

If you have found yourself on this page, you might be feeling worried about your future due to a recent arrest for a drug crime in Texas. We at McCarty-Larson, PLLC, understand the stress and uncertainty you are experiencing. Our goal is to help you navigate through this challenging time and pursue the best possible outcome for your criminal defense case.

Understanding Drug Crime Penalties in Texas

In Texas, drug laws are categorized by the type of drug involved, similar to the federal system. Drugs are classified into different groups, with lower numbers indicating more dangerous substances with fewer legitimate medical uses. Here is a breakdown of these classifications:

• Groups 1 and 1-A include some of the most serious drugs such as heroin, LSD, cocaine, codeine, crystal meth, and Oxycodone.
• Group 2 contains drugs like Ecstasy, PCP, and mushrooms.
• Group 3 includes medications like Ritalin, Xanax, and Valium.
• Group 4 covers substances such as anabolic steroids and benzodiazepines.
  Marijuana is in its own category, and although medical marijuana is allowed for certain conditions, possession of cannabis is still illegal in Texas.

Factors Influencing Drug Charges and Sentences

The type of drug involved plays a significant role in how a crime is charged. Other crucial factors include the amount of the drug and the nature of the crime. The police will consider how much of the drug you had when you were arrested. A small amount might lead to a possession charge, while larger quantities could result in charges of trafficking or manufacturing.

The type of crime also affects the severity of the charge. Possession is generally seen as a lesser offense compared to manufacturing or delivering drugs. However, possessing large amounts of drugs could indicate an intent to sell, leading to more serious charges.

Penalties for Drug Possession in Texas

The severity of penalties for drug possession in Texas depends on the type of drug and the amount involved. For drugs in Groups 1 and 1-A, any amount of possession is considered a felony. For example, possessing even a small amount of heroin or cocaine can lead to six months to two years in jail and fines up to $10,000. If you have more than 400 grams, the penalties can be as severe as 10 to 99 years in prison and fines up to $100,000.

For drugs in Group 2, possession is also charged as a felony. Possessing less than a gram of drugs like PCP or ecstasy can result in six months to two years in jail and fines up to $10,000. For amounts over 400 grams, the penalties increase to five to 99 years in prison and fines up to $50,000.

Group 3 drugs, such as Valium and Ritalin, carry misdemeanor charges for small amounts. You might face up to one year in jail and fines up to $4,000. For larger amounts over 400 grams, the penalties can include up to 99 years in prison and fines up to $50,000.

For Group 4 drugs, which include morphine and opium, possession of less than 28 grams is a Class B misdemeanor, punishable by up to six months in jail and fines up to $2,000. Larger quantities can lead to five to 99 years in prison and fines up to $50,000.

Marijuana Possession in Texas

While many states have decriminalized marijuana possession, Texas still considers it illegal. Small amounts, less than two ounces, are classified as a Class B misdemeanor, which can result in up to six months in jail and fines up to $2,000. Possession of large amounts, over 2,000 pounds, is a first-degree felony, punishable by up to 99 years in prison and fines up to $50,000.
Manufacturing, Trafficking, and Distributing Drug Offenses

If you are arrested with large amounts of drugs, it may indicate an intent to manufacture or distribute, which are serious offenses. Texas law prohibits the delivery or transfer of illegal drugs or related paraphernalia. Even offering to sell these substances can lead to charges. Drug manufacturing includes any act involved in producing, growing, or processing drugs, as well as labeling and packaging. These offenses are typically felonies and carry severe penalties.
Seeking the Best Outcome with McCarty-Larson, PLLC

Facing drug crime charges in Texas can be overwhelming, but you do not have to go through it alone. At McCarty-Larson, PLLC, we are committed to helping you achieve the best possible results. Our experienced Texas drug crimes lawyers understand the complexities of drug laws and are dedicated to providing the support and guidance you need during this difficult time. We are here to help you every step of the way — ensuring that your rights are protected and that you have a strong defense.

Why Choose McCarty-Larson, PLLC as Your Texas Drug Crimes Lawyers

When you are facing drug crime charges, having the right legal team on your side can make all the difference. At McCarty-Larson, PLLC, we bring over fifty years of combined experience to the table, ensuring that you receive knowledgeable and seasoned representation. Our firm is led by former law enforcement officers and prosecutors, giving us unique insights into both sides of the legal process. This experience allows us to understand the strategies and tactics used by the prosecution, enabling us to build a strong defense for you.
With over two hundred seventy five-star Google reviews, we are proud of our outstanding reputation and the positive feedback from our clients — reflecting our commitment to providing excellent legal services.

Defenses Against Drug Crimes

When you are arrested for a drug crime, several defenses can be used to fight the charges. One of the most effective defenses is challenging the legality of the search and seizure that led to the discovery of the drugs. Under the Fourth Amendment of the U.S. Constitution and Article I, Section 9 of the Texas Constitution, you are protected against unreasonable searches and seizures. If law enforcement officers violated your rights by conducting a search without probable cause, a valid warrant, or your consent, we can file a motion to suppress the evidence obtained during the illegal search. If the motion is granted, the drugs cannot be used as evidence against you, potentially leading to a dismissal of the charges.

Another common defense is the lack of possession or control. To convict you of drug possession in Texas, the prosecutor must prove beyond a reasonable doubt that you knowingly or intentionally possessed the controlled substance. If the drugs were not found on your person or in your exclusive control, we can argue that you did not have possession of the substance. For example, if the drugs were found in a shared space, such as a vehicle or apartment, and multiple people had access to the area, it may be difficult for the prosecutor to prove that the drugs belonged to you specifically. We can emphasize the lack of direct evidence linking you to the drugs and challenge the prosecution’s case.

A lack of knowledge is another defense strategy. If you were unaware that the drugs were in your possession or you believed the substance was something else entirely, we can use this as a defense. For instance, if someone placed the drugs in your bag or vehicle without your knowledge, or if you were given a substance that you believed to be legal, we can present evidence to support your lack of knowledge and intent to possess the drugs.

In drug possession cases, the prosecution must prove that the substance in question is indeed an illegal drug. This is typically done through crime lab analysis. However, there have been instances of crime labs making errors or engaging in misconduct, leading to unreliable results. We can challenge the crime lab’s procedures, the qualifications of the technicians, and the accuracy of the tests performed. If there are any discrepancies or issues with the analysis, we can challenge the admissibility of the drug evidence in court.

Free Consultations and Serious Consequences

Drug crime convictions can have serious consequences, including fines, jail time, and a criminal record. At McCarty-Larson, PLLC, we understand the impact these charges can have on your life. That’s why we offer free consultations to discuss your case and determine your best chances for a successful outcome. We will guide you through complicated court and administrative proceedings, ensuring that you understand your rights and options every step of the way.

Mistakes to Avoid After a Drug Crime Arrest in Texas

Talking Too Much to the Police

If you are arrested for a drug crime in Texas, one of the biggest mistakes you can make is talking too much to the police or anyone else about your arrest. Anything you say can be used against you in court. It is crucial to remain silent and avoid discussing the details of your case with anyone except your attorney. Your words could unintentionally harm your defense, so it’s best to let your lawyer handle communication with law enforcement and other parties involved.

Failing to Seek Legal Advice

Another critical mistake is failing to seek legal advice promptly. Without the guidance of a lawyer, you may make decisions that negatively impact your case. Texas drug laws are complex, and having a lawyer who understands these laws is essential for navigating the legal system effectively. An experienced attorney can help you understand the charges you face, the potential consequences, and the best strategies for your defense. Consulting with a lawyer as soon as possible can significantly improve your chances of a favorable outcome.

Ignoring Court Dates

Ignoring court dates is a serious mistake that can have severe consequences. Missing a scheduled court appearance can lead to additional charges or a warrant for your arrest. It is essential to stay on top of all legal obligations and make sure you attend every court date. Working closely with your lawyer to manage your schedule and ensure you meet all deadlines will help prevent further legal complications.

Violating Bail Conditions

Many people do not realize the importance of adhering to bail conditions. Violating any terms of your bail, such as staying away from certain areas or refraining from specific activities, can lead to more legal trouble. It is vital to follow all bail conditions strictly and to discuss any issues or concerns with your attorney. Staying compliant with these terms will help avoid additional charges and complications in your case.

Texas Drug Crimes Lawyers Client Story

This client story is for educational purposes only.

Joe’s life changed forever when he was arrested for drug possession in Texas. He felt trapped and scared, not knowing what to do or where to turn. His family was worried, and the weight of the charges was almost too much to bear. Joe had never been in trouble before, and now he faced the real possibility of going to jail and losing everything he worked so hard for.

Joe decided he needed help, and that’s when he found Robin McCarty from McCarty-Larson, PLLC. Robin was a Texas drug crimes lawyer who understood what Joe was going through. From the moment they met, Robin showed Joe that he wasn’t alone. He listened carefully to Joe’s story, comforting him and making him feel like there was hope.

Robin worked tirelessly to uncover every detail of Joe’s case. He reviewed all the evidence, talked to witnesses, and made sure that Joe’s side of the story was heard. Robin knew that Joe’s future was on the line, and was determined to fight for him with everything he had.

Throughout the process, Robin kept Joe informed and involved, explaining every step clearly so Joe knew what was happening. He reassured Joe when he felt anxious and helped him understand that there was still a chance for a good outcome.

When the day of the trial arrived, Robin was by Joe’s side, ready to defend him. The attorney’s dedication and hard work paid off. He showed the court that the evidence against Joe wasn’t strong enough and that his rights had been violated. The jury listened carefully to Robin’s arguments and saw the truth. In the end, Joe was found not guilty of the drug charges.

Joe walked out of the courthouse with a sense of relief and gratitude he couldn’t put into words. He knew that Robin’s skill and determination had made all the difference. Joe could start fresh and move forward with his life.

Get Help Today with the Texas Drug Crimes Lawyers at McCarty-Larson, PLLC

If you have been arrested for a drug crime in Texas, you may feel overwhelmed and uncertain about your future. At McCarty-Larson, PLLC, we understand how challenging this situation can be. Our team of Texas drug crimes lawyers is here to support you every step of the way.

We offer free consultations to help you understand your options and the best path forward for your case. During this consultation, we will listen to your story, assess the details of your situation, and explain how we can help. Our goal is to ensure you have all the information you need to make informed decisions about your defense.

Our commitment is to work tirelessly to achieve the best possible outcome for your case. We know how much is at stake, and we take our responsibility to defend your rights very seriously. At McCarty-Larson, PLLC, we are dedicated to providing the strong, effective representation you need during this difficult time.
Don’t face these charges alone. Contact McCarty-Larson, PLLC today to schedule your free consultation. We are here to help you navigate through this challenging experience and to fight for the best result in your case.