Houston Drug Cases Lawyer

/Drug Cases
Drug Cases2018-04-15T10:42:34+00:00

Drug cases are extremely serious in the state of Texas.  They are even more serious for people who are not United States Citizens.  It is important to get an attorney who cares about you, your situation, and your case.

There are many types of different drug crimes, and the punishment can differ depending on if you are being accused of simple possession, or possession/manufacturing with intent to deliver.  Another type of common drug case has to do with possessing prescription pills, or trying to purchase prescription drugs by fraud (doctor shopping).

It is important to remember that it is possible to win drug cases.  Many times people will just go to court and plead guilty because they do not believe that they need a lawyer.  I mean they did have the drugs right?  While every case is different, some cases are winnable when for example there was an improper search, you were stopped illegally, or if you have a valid prescription for the drug in question.  I will investigate your case thoroughly and attempt to get the best possible outcome for you.   While it is true that some of my clients are stuck in the situation of having to take a plea deal with the State, you can be confident that I will negotiate the best possible deal for you.  Many times jail can be avoided in the form of probation, deferred adjudication, and/or some sort of treatment program.  The ultimate goal if the case cannot be dismissed is to protect you, your record, and your future.

Finally, you must realize that if you receive a conviction for a drug case, you can lose your Texas driver’s license.  You can lose your Texas driver’s license for 6 months if you are over 21, and 1 year if you are under 21.  I will do everything in their power to keep you from being convicted.  Sometimes defendants get their cases dismissed and they don’t have to worry about anything.  For others, your driver’s license is at risk.  It is important to have a knowledgeable attorney who understands the negative impact of drug convictions.  It is possible to save your license through deferred adjudication.  Since deferred adjudication is not a finding of guilt, the license is not suspended.  You must take this into consideration when fighting a drug case.  Far too many times individuals take what they see is the easy way out and plea guilty to a drug case and pay a fine, or do a few days in jail.  Little do they know that not having a license leads them to even bigger problems in the future.  If your license does get suspended, I can help you get a restricted license.  Usually these restricted (occupational) licenses will allow you to drive for up to 12 hours a day depending on which judge hears your case.

POSSESSION OF MARIJUANA

  • Class C Misdemeanor – Possession of Drug Paraphernalia – Punishable by a fine up to $500
  • Class B Misdemeanor – Possession under 2 ounces – Punishable up to 6 months in jail, and up to a $2000 fine
  • Class A Misdemeanor – Possession of 2-4 ounces – Punishable up to 1 year in jail, and up to a $4000 fine
  • State Jail Felony – Possession of 4 oz – 5 lbs – Punishable 6 months – 2 years in a State Jail and up to a $10,000 fine
  • 3rd Degree Felony – Possession of 5-50 lbs – Punishable 2-10 years in prison, and up to a $10,000 fine
  • 2nd Degree Felony – Possession of 50 – 2000 lbs – Punishable 2-20 years in prison and up to a $10,000 fine
  • 1st Degree Felony – Possession of over 2000 lbs – Punishable 5-99 years or life in prison, and up to a $50,000 fine

DELIVERY OF MARIJUANA

  • Class B Misdemeanor – Quarter oz or less, no payment – Punishable up to 6 months in jail and a fine up to $2000
  • Class A Misdemeanor – Quarter oz or less, for payment – Punishable p to 1 year in jail and a fine up to $4000
  • State Jail Felony – Quarter oz – 5 lbs – Punishable 6 months to 2 years in the state jail and a fine up to $10,000
  • 2nd Degree Felony – 5 – 50 lbs – Punishable 2 to 20 years in prison and a fine of up to $10,000
  • 1st Degree Felony – 50 – 2000 lbs – Punishable 5 to 99 years in prison and a fine of up to $10,000
  • Enhanced 1st Degree Felony – 2000 lbs or more – Punishable 10 – 99 years in prison and a fine of up to $10,000

POSSESSION OF A CONTROLLED SUBSTANCE

In Texas, PCS is classified into multiple penalty groups.  What the punishment range is depends on what type of drug, the amount you have, and what penalty group that particular drug falls under.

PENALTY GROUP 1

Includes:

  • Cocaine
  • Heroin
  • Methamphetamine (Meth)
  • Ketamine (Special K)
  • Crack
  • GHB
  • Oxycontin (Oxycodone)
  • Fentanyl
  • Hydrocodone over 300 grams

PUNISHMENT RANGES FOR PENALTY GROUP 1

  • State Jail Felony – Possession of less than a gram – Punishable 6 months – 2 years in a State Jail and up to a $10,000 fine
  • 3rd Degree Felony – Possession of 1 – 4 grams – Punishable 2-10 years in prison, and up to a $10,000 fine
  • 2nd Degree Felony – Possession of 4 – 200 grams – Punishable 2-20 years in prison and up to a $10,000 fine
  • 1st Degree Felony – Possession of 200 – 400 grams – Punishable 5-99 years or life in prison, and up to a $100,000 fine
  • Enhanced First Degree Felony – Possession of over 400 grams – Punishable 10-99 years or life in prison and a fine up to $100,000

PENALTY GROUP 1A

Includes:

  • Acid (LSD)

PUNISHMENT RANGES FOR PENALTY GROUP 1A

  • State Jail Felony – Possession of less than 20 units – Punishable 6 months – 2 years in a State Jail and up to a $10,000 fine
  • 3rd Degree Felony – Possession of 20 – 80 units – Punishable 2-10 years in prison, and up to a $10,000 fine
  • 2nd Degree Felony – Possession of 80 – 4000 units – Punishable 2-20 years in prison and up to a $10,000 fine
  • 1st Degree Felony – Possession of 4000 – 8000 units – Punishable 5-99 years or life in prison, and up to a $100,000 fine
  • Enhanced First Degree Felony – Possession of over 8000 units – Punishable 15-99 years or life in prison and a fine up to $250,000

PENALTY GROUP 2

Includes:

  • Ecstasy (MDMA, MOLLY)
  • PCP (Phencyclidine, Angel Dust)
  • Adderall (Dextroamphetamine)
  • Bath Salts
  • Mushrooms (Psilocybin)
  • Mescaline (Peyote)
  • Designer drugs that are similar to the above drugs and have the same effects

PUNISHMENT RANGES FOR PENALTY GROUP 2

  • State Jail Felony – Possession of less than 1 gram – Punishable 6 months – 2 years in a State Jail and up to a $10,000 fine
  • 3rd Degree Felony – Possession of 1 – 4 grams – Punishable 2-10 years in prison, and up to a $10,000 fine
  • 2nd Degree Felony – Possession of 4 – 400 grams – Punishable 2-20 years in prison and up to a $10,000 fine
  • Enhanced First Degree Felony – Possession of over 400 grams – Punishable 5-99 years in prison and a fine up to $50,000

 PENALTY GROUP 2A

Includes:

  • Synthetic Marijuana (K2, Spice)

PUNISHMENT RANGES FOR PENALTY GROUP 2A

  • Class B Misdemeanor – Possession under 2 ounces – Punishable up to 6 months in jail, and up to a $2000 fine
  • Class A Misdemeanor – Possession of 2-4 ounces – Punishable up to 1 year in jail, and up to a $4000 fine
  • State Jail Felony – Possession of 4 oz – 5 lbs – Punishable 6 months – 2 years in a State Jail and up to a $10,000 fine
  • 3rd Degree Felony – Possession of 5-50 lbs – Punishable 2-10 years in prison, and up to a $10,000 fine
  • 2nd Degree Felony – Possession of 50 – 2000 lbs – Punishable 2-20 years in prison and up to a $10,000 fine
  • Enhanced 1st Degree Felony – Possession of over 2000 lbs – Punishable 5-99 years or life in prison, and up to a $50,000 fine

PENALTY GROUP 3

Includes:

  • Valium
  • Xanax
  • HGH
  • Clonazepam
  • Hydrocodone (less than 15mg/dose or less than 300 mg)
  • Codeine (less than 90 mg/dose)
  • Diazepam
  • Lorazepam
  • Ritalin
  • Zolpidem
  • Testosterone

PUNISHMENT RANGES FOR PENALTY GROUP 3

  • Class A Misdemeanor – Possession less than 28 grams – Punishable up to 1 year in jail, and up to a $4000 fine
  • 3rd Degree Felony – Possession of 28 – 200 grams – Punishable 2-10 years in prison, and up to a $10,000 fine
  • 2nd Degree Felony – Possession of 200 – 400 grams – Punishable 2-20 years in prison and up to a $10,000 fine
  • Enhanced 1st Degree Felony – Possession of over 400 grams – Punishable 5-99 years or life in prison, and up to a $50,000 fine

PENALTY GROUP 4

Includes:

  • Opium
  • Motofen
  • Morphine
  • Dangerous Drugs

PUNISHMENT RANGES FOR PENALTY GROUP 4

  • Class B Misdemeanor – Possession less than 28 grams – Punishable up to 6 months in jail, and up to a $2000 fine
  • 3rd Degree Felony – Possession of 28 – 200 grams – Punishable 2-10 years in prison, and up to a $10,000 fine
  • 2nd Degree Felony – Possession of 200 – 400 grams – Punishable 2-20 years in prison and up to a $10,000 fine
  • Enhanced 1st Degree Felony – Possession of over 400 grams – Punishable 5-99 years or life in prison, and up to a $50,000 fine

POSSESSION OF DANGEROUS DRUGS NOT OTHERWISE CLASSIFIED

  • Class B Misdemeanor – Possession – Punishable up to 6 months in jail, and up to a $2000 fine
  • Class A Misdemeanor – Manufacturing or Possession with Intent to Deliver – Punishable up to 1 year in jail, and up to a $4000 fine.

Get a Free Consultation

Every drug case is different, so for specific questions, please feel free to contact me directly at 713-222-2828. You can also contact me about your drug case by filling in the following information. The first consultation is always free.