Fort Worth Drug Crimes 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.

What Types Of Drug Crime Can I Be Charged With In Fort Worth?

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 of a Controlled Substance– 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. These range from marijuana cultivation, fake prescription pills to meth labs and the production of any other illegal substance.
• 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.

How Are Drug Crimes Classified in Fort Worth?

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.

What Are The Penalties For Drug Charges in Fort Worth?

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.

Possession of controlled substances:

• Class B Misdemeanor: Up to 180 days jail and up to $2,000 fine.
• 1st Degree Felony: 5-99 years in prison and $10,000 fine.

Manufacture or delivery of controlled substances: 

• State felony: 180 to 2 years in jail and $10,000 fine.
• 1st Degree Felony: 5-99 years in prison and $10,000 fine.

Delivery of marijuana:

• Class B Misdemeanor: Up to 180 days jail and up to $2,000 fine.
• 1st Degree Felony: 5-99 years in prison and $10,000 fine.

Delivery of marijuana or controlled substance to a minor:

• Class B Misdemeanor: Up to 180 days jail and up to $2,000 fine.
• 1st Degree Felony: 5-99 years in prison and $10,000 fine.

What Are The Penalties for Repeat Drug Crime Offenders In Fort Worth?

Repeat drug charges are substantially increased under Texas law. This penalty takes into account the type of drug you were charged with. A repeat offense can result in a life sentence as well, and it does not matter how long its been since your last charge. You need an attorney like Jeff C. Kennedy who has helped many repeat offenders avoid maximum penalties and fight for their freedom.

What Are Drug Free Zones In Texas?

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).

• Schools and school buses
• Playgrounds
• Public swimming pools
• Youth centers
• Video game arcades

Can I Beat A Drug Charge In Fort Worth?

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.