Drug Crime Charges in Texas
Why do I need a Drug Crimes Lawyer?
If you are charged with a drug case, possession or delivery, in State or Federal Court, you need an experienced Drug Crimes Lawyer to fight the government’s charges against you.
In Texas, you could be charged with a felony or misdemeanor charge depending on the type and amount of drug the police say you have. Unlawful possession of small amounts of marijuana and prescription drugs are usually misdemeanors, but can be felonies in larger quantities. Possession of other drugs, like cocaine, heroin, methamphetamines, and ecstasy (MDMA), are felonies in any amount.
A state felony charge for drugs can range from 180 days to LIFE in prison and a fine up to $100,000.
Smaller and mid-level cases investigated by local police departments, sheriffs’ offices and the Texas Department of Public Safety (DPS) usually result in charges filed in State court and prosecuted by the DA’s Office. Cases of larger amounts of narcotics (25 kilos or more) or investigated by the DEA or FBI will usually end up in Federal court and prosecuted by the United States Attorney’s Office.
Drug cases can also come along with accusations of money laundering, tampering with physical evidence, and civil lawsuits in which the government will try to take your money or property simply because you are accused of being involved with drugs.
If you are charged with a drug crime in Texas state or federal court, you may have several ways to defend yourself against the government’s charges.
First, the prosecutor must prove that the substance he says you possessed is actually an illegal drug. There are substances found on the street, and even sold in stores, that are not illegal to possess.
Second, the prosecutor must prove that you actually intentionally and knowingly possessed the drugs. The government has the burden to show the judge or jury that you knew that you had drugs under your care, custody, or control.
Third, the officer or agent who arrested you and found the drugs was required to follow a very strict set of rules. If the government violated your rights, even if you were guilty, they cannot use any of the evidence against you in court.
What should you do if you’re charged with a drug crime in Texas?
As former CHIEF FELONY PROSECUTORS with decades of experience, the drug crimes lawyers at Vinas & Graham, PLLC can guide you through the legal process and help you at every step along the way. Our firm will delve into your case to determine how to proceed with your defense.
Many drug charges involve a search warrant, arrest warrant, or both. An experienced drug crimes lawyer should have extensive knowledge in this area. Sometimes the police do not follow the proper procedures while investigating or arresting an accused for a crime. Joe Vinas taught hundreds of police officers at both the Houston Police Academy and Tomball Police Department the Constitutional requirements for proper Arrest, Search, and Seizure. While assigned to the Public Integrity Division at the Harris County District Attorney’s Office, Spence Graham investigated and prosecuted police officers who abused the authority with which they have been entrusted.
If the police did not follow the law and violated your Constitutional or statutory rights, our office can represent you in a Motion to Suppress the Evidence Hearing. The result could be that the judge throws out all of the evidence against you, leaving the government with no case. Even if the judge decides not to suppress the evidence, the jury may be entitled to find you NOT GUILTY if they believe the police violated your rights.
If your cass goes to trial, you need EXPERIENCED DRUG CRIMES LAWYERS to represent you in court. As FORMER FELONY CHIEF PROSECUTORS, the lawyers at Vinas & Graham, PLLC have tried hundreds of cases before dozens of courts and judges.