If you were charged with a drug crime, Underwood Law Office can help. A McKinney drug crimes lawyer from our firm may be able to help you understand the different types of evidence that can be used to charge you, how cases are built against defendants, and what types of defenses may be used in your case.
Underwood Law Office defends clients with charges related to:
- Drug possession,
- Drug manufacturing,
- Drug distribution or trafficking,
- And other drug related crime charges.
To learn more, please call Underwood Law Office at (972) 535-6377 for a free case evaluation from a member of our team.
Levels of Drug Crimes in Texas
According to the Texas Department of Public Safety (DPS), there were 128,295 drug abuse arrests in Texas in 2019.
Just as there are many types of drugs, there are also many different levels of drug crimes. Texas Health and Safety Code §481—the Texas Controlled Substances Act—outlines different levels of punishment for different drug crimes.
Different drugs have different penalty ranges in Texas. The sale, manufacture, possession, or distribution of marijuana, for example, carries different penalties from similar actions for higher-level drugs such as cocaine or opiates.
The amount of drugs can also impact a drug crime charge or penalty. For example, you may be charged with a Class B misdemeanor for an illegal activity involving certain drugs that weigh two ounces or less, but the charges for the same actions may rise to a Class A misdemeanor for crimes involving between two and four ounces of the same controlled substance. A felony may result if you are found guilty of illegal activity involving between four ounces and five pounds of the illegal substance, and you can be imprisoned for life for an illegal activity that involves drugs that weigh over 2,000 pounds.
These are all serious charges. The Texas statutes clearly define specific drug categories, weight limits, and penalties for crimes of different types. A McKinney drug crimes lawyer with Underwood Law Office can help you understand the charges you face to build an evidence-based defense on your behalf. Please call our firm at (972) 535-6377 for a free case review with a member of our team.
For a free legal consultation with a drug crimes lawyer serving McKinney, call (972) 535-6377
Common Defenses for Drug Crime Charges
There are multiple ways we can potentially defend you against drug crime charges based on the specifics of your case. Here are a few examples of how drug crime charges are commonly defended.
Disproving Knowledge, Intent, or Possession of Illegal Substances
Certain drug crime charges may involve law enforcement authorities or the prosecution attempting to show that you had the knowledge and/or possession of controlled substances and that you had the intent to use those substances illegally.
For these types of charges, the simplest defense may be to demonstrate that you did not know of the illegal substances in question. You can also try to show that you did not have the intent or even the possession of the substances you are charged with possessing or intending to use illegally.
For example, you may be able to state that you did not or do not own, possess, or control the home, vehicle, or other property on which the drugs were found.
Drug Weight and/or Classification
Many drug laws require that specific amounts of a drug be involved in an activity for the activity to be considered a crime. If the crime you are accused of committing involved an amount of an illegal drug that does not meet the minimum threshold to be categorized as criminal activity, you may be able to dismiss or lower the charges you face.
Furthermore, even if you were involved in the use, manufacture, or distribution of an illegal substance, you may be able to show that the substance you had is not the same substance you are charged with having. Drugs that look physically similar to the naked eye can often be confused with one another, and mix-ups in drug classification or identification can have important implications for your defense.
In general, it is illegal for law enforcement officials to trick someone into committing a crime that they would not likely have committed unless tricked or encouraged to do so. This is called entrapment, and in some entrapment cases, law enforcement officials may provide a defendant with illegal substances before charging them.
Illegal Search and Seizure
Even though manufacturing, using, distributing, and selling controlled substances can be illegal, it is also illegal for evidence to be obtained against you illegally. If the police raid your home without a warrant or search your vehicle without just cause, you may be able to challenge the charges you face by demonstrating that you were unfairly or illegally stopped or searched or that your property was illegally seized. We are protected from such illegal search and seizure by the Fourth Amendment of the U.S. Constitution.
McKinney Drug Crimes Lawyer Near Me (972) 535-6377
Contact Underwood Law Office Today
Drug crime charges can lead to serious fines, penalties, and jail time. The repercussions of a drug crime can also impact your personal and professional life.
Fortunately, you do not need to face drug crime charges on your own. A McKinney drug crimes lawyer from Underwood Law Office may be able to design a strategy for your defense when we represent you. We can also provide you with legal advice and help you understand the possible outcomes of your case as we work together.
For a free consultation on your case with a member of our team, call Underwood Law Office today at (972) 535-6377.