Fort Worth Drug Crime Lawyer
Have you been arrested and charged with a drug-related offense? Get the defense that could clear your name by consulting with a drug crime attorney in Fort Worth.
Texas takes a harsh stance when it comes to drug-related crimes. Even drugs like marijuana, which is rapidly becoming accepted and legal in other states, are still strictly illegal here. Getting accused of possessing, manufacturing, or selling one of these controlled substances can put your entire future at risk.
Avoiding a conviction is always possible, however—no matter how strong you might think the case against you is. If enough evidence can be gathered in your favor, or if the flaws in the prosecution’s case can be exposed, you could be well on your way to seeing your drug charges dismissed or at least reduced.
Achieving this will require a convincing defense, which is why you’re going to want a Fort Worth drug crime lawyer from the Law Offices of Jeff C. Kennedy on your side.
Understanding Drug-Related Offenses in Texas
Texas recognizes a number of drug-related crimes that you could be charged with, and any one of them can land you in serious legal jeopardy.
Drug charges are often based on the officer’s interpretation of your intent, as well, so it’s not uncommon for people to get overcharged. This is often an intimidation tactic used to pressure you into accepting a lesser charge in a plea bargain or to make you into some sort of public example.
Your drug crime attorney will be able to help you regardless of which exact drug offense you’ve been charged with:
- Possession – Ownership of a controlled substance isn’t necessarily limited to being directly on your person; you could also be charged with possession if the drugs were in close proximity to you.
- Manufacturing and Cultivation – Producing illegal drugs can result in some of the harshest penalties available under Texas law, especially if truly large quantities were involved.
- Selling – This charge can also be applied if you are accused of possessing a large enough quantity that the police believe it couldn’t all be for personal use.
- Possession of Drug Paraphernalia – Possessing items such as bongs and pipes is also illegal, even if they haven’t been used. The arresting officers merely have to believe that the intent to use or sell was there.
- Public Intoxication – Even alcohol-related offenses can get you into serious trouble. Being grossly intoxicated in public is just one such example.
- Minor in Possession – Either selling alcohol to minors or being a minor in possession can result in an arrest.
Seriousness of the Charge: Drug Type and Quantity
How serious your drug charge is will depend on the type and quantity of the controlled substance involved. Fort Worth and the rest of Texas mostly follow the federal drug schedules, with marijuana being a notable exception.
The federal drug schedules break drugs up into different classifications based on their potential for abuse and addiction. The more serious the potential for abuse that a drug has, the more serious the charge will be. This will then be combined with the amount of the drug involved to determine what level of misdemeanor or felony you’ll be charged with.
Your drug crime lawyer from Fort Worth can explain in detail what you’re going to be facing, but listed below are the different drug schedules and some examples of each:
- Schedule I – Heroin, ecstasy, and psychedelic mushrooms
- Schedule II – Cocaine, methamphetamine, morphine, and oxycodone
- Schedule III – Testosterone and anabolic steroids
- Schedule IV – Soma, Ambien, Valium, and tramadol
- Schedule V – Lyrica, Lomotil, and cough syrups with low levels of codeine, such as Robitussin
It should be noted that while the federal government classifies marijuana as a Schedule I drug, Texas treats it as a less-serious controlled substance.
Consequences of a Drug Conviction
The legal penalties for drug offenses vary substantially. The primary factors that will determine your potential punishment will be the type of controlled substance, the quantity involved, and where the drug crime is alleged to have occurred.
For example, a minor possession offense involving less than two ounces might be prosecuted as a Class B misdemeanor. A conviction could result in up to 180 days in jail and a fine of up to $2,000.
Meanwhile, someone caught in possession of more than 2,000 pounds of a Schedule I drug is likely facing a first-degree felony. The punishments involved could include a prison sentence of between five and ninety-nine years—or even life—and a fine of up to $50,000.
Additionally, Texas considers certain areas to be “drug-free zones.” These include the following:
- Schools and school buses
- Public swimming pools
- Youth centers
- Video game arcades
If your offense involved one of these areas, the penalties you face automatically increase to the next level of offense (e.g., a third-degree felony would be prosecuted as a second-degree felony instead).
You Can Beat Your Drug Charge
No matter what drug crime you’ve been accused of or what substance was involved, it’s important that you not give up hope of avoiding a conviction. You’re innocent until proven guilty, and the burden of proof lies with the prosecution.
To win an acquittal or dismissal, your Fort Worth drug charge attorney only needs to establish reasonable doubt. For example, if you were charged with possession and the drugs were merely near your person, then all we need to do is prove that the drugs did not actually belong to you.
In other cases, it might be possible to get the evidence declared inadmissible, such as when the police search and seize drugs without a warrant or probable cause. Without evidence, the case against you could completely fall apart.
Fort Worth Drug Crime FAQ
Everything’s on the line when you’ve been charged with a drug crime. We know you’re going to have questions, and we’ve addressed a few of the more common concerns in the section below. For information as it applies to your case directly, please contact our office so that you can speak with an experienced lawyer.
Can I be charged with drug trafficking if I didn’t know the cargo I was transporting was a controlled substance?
The police can certainly charge you with drug trafficking, but in order to convict you, it will be necessary for the prosecution to prove that you knew about the nature of the cargo. If it can be proven that you didn’t know drugs were contained within the cargo, it should be possible to win an acquittal.
Is synthetic marijuana illegal in Texas?
Synthetic marijuana, such as K2 and “spice,” is illegal in Texas. If you are caught in possession of synthetic marijuana, you’ll face the same penalties that you would for possessing actual marijuana.
Can I really lose my drivers license if I get convicted of a drug offense in Texas?
Yes. A drug conviction can result in a 180-day license suspension. In order to get your license reinstated, you’ll also be required to take a fifteen-hour drug education program.
Contact a Fort Worth Drug Charge Attorney
A drug conviction can mean disastrous consequences for your future. Let a Fort Worth drug crime lawyer from the Law Offices of Jeff C. Kennedy help you clear your name. Schedule a free, confidential case evaluation by completing the contact form below or by calling 817-605-1010.
Law Offices of Jeff C. Kennedy Client Review:
If you are charged with a DWI in Tarrant County, do yourself a favor and hire Jeff Kennedy as your criminal defense lawyer.
201 Main Street #600