Drug charges in Texas are serious and can lead to harsh penalties, including jail time and fines, upon conviction. However, depending on the facts of your case, it may be possible to get a drug charge dismissed. Dismissals can happen if your rights were violated during a search, if the evidence is weak, or if you qualify for a diversion program. For example, if the police didn’t have a valid reason to stop or search you, the evidence they found may not be used in court.
A skilled drug crime attorney can carefully review the facts, challenge illegal searches, and raise strong legal defenses on your behalf. They can also negotiate with prosecutors, represent you in court, and help you qualify for programs that may lead to dismissal. With the right legal help, you can protect your future.
Types of Texas Drug Charges
In Texas, drug charges are taken very seriously, and the consequences upon conviction can be severe. The most common types of drug charges that individuals face in the state include possession, distribution, manufacturing, and trafficking. These charges can apply to both illegal street drugs and controlled prescription medications when used or obtained illegally.
Drug possession is one of the most frequent charges in Texas. This charge involves having illegal drugs, such as marijuana, cocaine, methamphetamine, heroin, or unauthorized prescription medications, on your person or within your control. The severity of the charge depends on the type and amount of the drug. Small amounts might lead to a misdemeanor, while larger quantities could result in felony charges.
Distribution and intent to distribute are also common. These charges apply when someone is accused of selling or planning to sell illegal drugs. Even if no money is exchanged, having drugs packaged in a way that suggests they are for sale can lead to this type of charge. Being caught with a large quantity of drugs or with items like scales and baggies can be used as evidence of intent to distribute.
Drug manufacturing refers to making illegal drugs or growing plants like marijuana. This charge can involve the production of meth or synthetic drugs, and it often carries serious penalties. Operating or even being present in a drug lab can lead to arrest and prosecution.
Drug trafficking is the most serious of the common drug offenses in Texas. It involves transporting large amounts of illegal drugs across city, state, or national borders. Because this type of crime is usually linked to organized drug operations, it often results in federal charges in addition to state penalties.
In Texas, drug crime convictions can lead to jail time, high fines, probation , and a permanent criminal record. The exact punishment depends on the drug’s classification, the quantity involved, and any prior offenses. If you’re facing a drug charge, it’s important to understand your rights and options. A skilled Texas criminal defense lawyer can protect your future by fighting the charges, negotiating for reduced penalties, or possibly getting the charges dropped entirely.
Legal Penalties for a Texas Drug Conviction
In Texas, the legal penalties for a drug crime conviction depend on several factors, including the type and amount of drug involved, the nature of the offense, and whether the person has any previous criminal history. Drug crimes are classified into penalty groups under Texas law, and each group carries different levels of punishment.
Possession of a small amount of marijuana, for example, is often charged as a misdemeanor. A conviction could result in up to 180 days in jail and a fine of up to $2,000. However, possessing larger amounts of marijuana or other drugs like cocaine, methamphetamine, heroin, or ecstasy can result in felony charges. Felony drug convictions often come with longer prison sentences and higher fines.
For more serious offenses such as drug manufacturing, distribution, or trafficking, the penalties increase significantly. Manufacturing or delivering a controlled substance can lead to second-degree or first-degree felony charges. A second-degree felony in Texas can result in two to twenty years in prison and a fine of up to $10,000. A first-degree felony carries a punishment of five to ninety-nine years or life in prison, along with a fine of up to $10,000.
Drug trafficking is among the most severe offenses. Trafficking large quantities of drugs may lead to enhanced penalties, including life imprisonment. If federal laws are also involved, the person can face federal charges, which usually come with mandatory minimum sentences depending on the drug type and amount.
Texas also has drug-free zone laws. If a drug offense occurs within a certain distance of a school, playground, or youth center, the penalties can be increased by one level. For example, a second-degree felony could be elevated to a first-degree felony.
Judges in Texas have the power to sentence someone to probation, also known as community supervision, instead of jail or prison. However, this usually applies to less- serious offenses or first-time offenders. Terms of probation often include regular drug testing, mandatory treatment programs, community service, and supervision by a probation officer.
In all cases, the penalties for a drug conviction in Texas are serious and can include jail time, large fines, and strict court supervision.
Collateral Consequences of a Drug Conviction in Texas
In Texas, a drug conviction can lead to more than just jail time, fines, or probation. Even after serving a sentence, individuals often face collateral consequences—serious, long-lasting effects that impact their everyday lives. These consequences can follow a person for years and may make it harder to fully move on after a conviction.
One of the most common collateral consequences of a drug conviction is difficulty finding a job. Many employers run background checks, and a drug-related offense on your record can make it harder to get hired. Employers may see a drug conviction as a sign that a person is unreliable or untrustworthy, even if the offense happened long ago. Certain jobs, especially those that involve handling money, working with children, or operating vehicles, may be completely off-limits.
Housing can also be affected. Many landlords conduct background checks, and some may refuse to rent to someone with a drug conviction. This can be especially true for felony drug offenses. In addition, individuals who live in public housing or receive housing assistance may lose their eligibility after a conviction.
A drug conviction can also impact education. Students convicted of drug offenses may lose eligibility for federal financial aid, including grants and student loans. This can make it harder or even impossible for someone to afford college or continue their education.
Some professional licenses can be denied, suspended, or revoked because of a drug conviction. This includes licenses for careers like nursing, teaching, and law. A conviction can also prevent someone from obtaining a commercial driver’s license, which affects trucking and transportation jobs.
Immigrants can face especially harsh collateral consequences. A drug conviction can lead to deportation, denial of citizenship, or being barred from re-entering the country, even for legal residents.
Lastly, a conviction can harm your reputation and personal relationships. It can affect child custody cases, limit your right to own firearms and make it difficult to volunteer or participate in community activities.
Although these consequences aren’t part of the criminal sentence, they can be just as damaging. That’s why it’s important to take any drug charge seriously and work with an experienced criminal defense attorney to protect your future.
How to Get a Texas Drug Charge Dismissed
Getting a drug charge dismissed in Texas can be difficult, but it is possible under the right circumstances. Dismissal means the charge is dropped and does not go to trial, which helps a person avoid a conviction. To get a drug charge dismissed, the person accused may need to show that their rights were violated, that the evidence is weak or unreliable, or that they qualify for certain diversion programs. There are also several legal defenses that can be raised depending on the situation.
One common way to get a charge dismissed is by challenging the way the evidence was collected. If the police searched a person’s home, car, or belongings without a proper warrant or without probable cause, the evidence may be thrown out. This is because the Fourth Amendment protects people from illegal searches and seizures. If the evidence is removed, the case may fall apart.
Another defense is that the drugs did not actually belong to the accused. For example, if someone was in a car with other people and drugs were found under a seat, it might be difficult for the prosecution to prove who actually possessed them. This kind of “lack of possession” defense can sometimes result in dismissal if there is not enough proof.
The person accused may also argue that they did not know the drugs were present. In Texas, drug possession requires knowing control over the substance. If someone borrowed a bag or jacket, not knowing drugs were inside, that could be a defense.
Sometimes, the drugs themselves are not what they appear to be. Lab testing may show that the substance was not illegal, or that the amount was so small it doesn’t qualify for a criminal charge. Inaccurate field tests or broken chain of custody with evidence can also weaken the prosecution’s case.
Texas also offers diversion programs, such as drug courts or pretrial intervention, especially for first-time offenders. Completing one of these programs may result in the charge being dismissed.
Raising valid legal defenses and exposing weak evidence can increase the chances of dismissal. Each case is different, but showing problems with the arrest, the evidence, or the drug possession itself can lead to the charges being dropped.
How Can a Texas Criminal Defense Attorney Help with Your Drug Charge?
If you are facing a drug charge in Texas, a knowledgeable criminal defense attorney can make a major difference in the outcome of your case. Drug charges in Texas are serious, and the penalties can include jail time , expensive fines, and a permanent criminal record. An experienced attorney understands the law, the court system, and how to protect your rights every step of the way.
A skilled attorney will start by reviewing the facts of your case in detail. They will look at how the police handled the investigation and whether your constitutional rights were respected. For example, if the police searched your home, car, or body without a valid warrant or probable cause, the evidence they collected may not be used in court. An attorney knows how to find these mistakes and use them to your advantage.
In many drug cases, the key issue is whether the drugs truly belonged to you or whether you even knew they were there. A good criminal defense lawyer can challenge the prosecution’s evidence and argue that you did not have possession or control of the drugs. They may also bring in expert witnesses, request lab testing of the substance, or cross-examine police officers to show weaknesses in the state’s case.
A knowledgeable drug crimes defense lawyer will also explore your options for avoiding a conviction. In some situations, you may be eligible for a pretrial diversion program, drug court, or probation instead of jail time. These programs often involve treatment, regular check-ins, and drug testing, but if completed successfully, your charge could be dismissed or reduced.
Your attorney will also speak on your behalf in court, file legal motions to challenge the evidence and negotiate with the prosecutor. They may be able to get the charges lowered or reach a plea deal that avoids harsh punishment. If your case goes to trial, a skilled attorney will build a strong defense and fight for your freedom.
When you are facing a drug charge in Texas, you need someone who knows the law and will stand up for you. A knowledgeable criminal defense attorney will work to protect your future and give you the best chance at a positive outcome.
Call an Experienced Criminal Defense Attorney in Texas Right Away
If you are currently facing a drug charge in Texas, a reputable Texas criminal defense law firm can be extremely helpful. They will review your case circumstances with you, determine your available legal options, and pursue the best possible result in your case, up to and including a dismissal.