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Texas Drug Defense Lawyers
Top-rated Drug Crimes Defense Lawyers
Drug crimes in Texas are taken very seriously, with penalties ranging from probation and fines, to serious prison time, a permanent criminal record, inability to pursue certain career paths and more.
If you or a loved one are under investigation, have been named a suspect in a drug case, are facing charges or have been arrested for drugs, time is not on your side. You need help and you need it now.
At the Diaz Law Firm, our team is ready to go to bat on your behalf, our firm is comprised of award-winning attorneys with a track record of fighting tooth and nail for our clients and a successful history of results to prove it.
We have helped countless individuals and families across Texas successfully fight drug and narcotics charges, upholding their rights, asserting their innocence and clearing their good name.
Call or message us today for a free initial consultation, and to find out why so many in Texas trust our Texas drug defense attorneys to fight for them when it matters the most.
Experienced Drug Crimes Defense Lawyers
Given the seriousness of drug offenses in Texas, you need a criminal defense lawyer with the right experience to champion your case. When you hire a drug attorney from Diaz Law firm, you will be working with talented, seasoned lawyers that bring decades of trial and courtroom experience to the table.
Our firm has won numerous awards, having been recognized as a leader in the Texas legal field, and a true advocate for our clients.
Put our experience to work for you and tap into our vast resources and legal playbook to position your case for success.
Five Factors in Texas that Impact Sentencing if Convicted
If charged with a drug crime in Texas, the courts will look at five factors when determining the level of sentencing imposed upon conviction of a drug offense.
At the Diaz Law Firm, our goal is always first to prevent charges from being filed in the first place, if charges are filed we divert attention to strategies aimed at getting the charges dropped or reduced. In cases where an agreeable pre-trial solution cannot be reached, we prepare for trial, taking aim at the following factors as opportunities to improve the positioning of your case.
- The type of drugs involved (i.e. penalty group)
- The amount of drugs involved
- Purpose and/or intent of the individual (personal use, sales, distribution, etc.)
- The geographical location where the alleged offense took place (i.e. crimes committed near schools or daycare centers may be treated more harshly)
- Whether or not the drug offense was part of another crime (such as assault, discharge of a firearm, etc.)
Drug Crimes in Texas FAQ
The Controlled Substances Act places all substances which were in some manner regulated under existing federal law into one of five schedules. This placement is based upon the substance’s medical use, potential for abuse, and safety or dependence liability. (Source: DEA)
Controlled Substance as Defined by the Federal CSA:
“A drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this subchapter. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1986.”
Both illicit and prescription drugs are regulated at the state and federal level. Drugs that fall under such regulations are referred to as “controlled substances”, for which the manufacturing, possession, distribution, use and sale is controlled by state and federal laws.
In Texas, these substances fall under the Federal Controlled Substances Act (CSA) as well as the Texas Controlled Substances Act. These “Acts” classify such drugs into differing groups known as “Schedules”.
Controlled Substance as Defined by the Texas Controlled Substances Act:
“A substance, including a drug, an adulterant, and a diluent listed in Schedules I through V or Penalty Group 1, 1-A, 2, 2-A, 3, or 4. The term includes the aggregate weight of any mixture, solution, or other substance containing a controlled substance.”
Under Chapter 481 of the Health and Safety Code, the Texas Controlled Substance Act classifies controlled substances (drugs) into six “Penalty Groups”.
Penalty Group 1: Cocaine, GHB, methamphetamine and oxycodone
Penalty Group 1A: LSD (lysergic acid diethylamide) and any analogs
Penalty Group 2: 3,4-methylenediozy methamphetamine (Ecstasy, MDMA, Molly) and PCP (phencyclidine)
Penalty Group 2A: Any preparation, material, solution, compound or mixture that contains any quality of a synthetic or natural substance.
Penalty Group 3: Alprazolam (Xanax), Methylphenidate (Ritalin), Diazepam (Valium), and Zolpidem (Ambien)
Penalty Group 4: Any preparation, material, solution, compound or mixture that contains limited amounts of narcotics.
Schedule I: Marijuana (cannabis), LSD, heroin, MDMA/Ecstasy, Peyote, Methaqualone
Schedule II: Products containing less than 15 mg of cocaine, methamphetamine, hydrocodone, methadone, oxycodone, meperidine, hydromorphone, Dexedrine, Fentanyl, Adderall and Ritalin.
Schedule III: Products that contain less than 90mg of ketamine, codeine, testosterone and other anabolic steroids.
Schedule IV: Valium, Xanax, Ativan, Tramadol, Soma, Darvocet, Darvon, Ambien, Talwin.
Schedule V: Cough preparations containing less than 200mg per 100 milliliters of Codeine, Lyrica, Motofen, Lomotil and Parepectolin.
Criminal acts involving controlled substances, such as possession, distribution, sale or manufacturing, are subject to penalties ranging from simple misdemeanors to serious felony offenses. Further complicating matters is the issue of interstate criminal charges which involve controlled substances having crossed state lines.
Both the amount of the allegedly possessed substance and the classification of the controlled substance involved in the criminal allegation are the two key factors determining the type and severity of charges filed and potential penalties imposed if found guilty.
Common Types of Drug Charges in Texas
- Sale of, or attempting to sell, illegal drugs
- Possession with intent to distribute or sell
- Transportation of a controlled substance
- Drug trafficking
- Possession of chemicals necessary for drug manufacturing
- Possession of prescription drugs without a prescription
Due to the complexity and seriousness of drug offenses in Texas, seeking out the counsel of a capable criminal drug attorney is paramount to securing your freedom and clearing your name.
Our drug crime defense lawyers know what it takes to build a case, establish a strong defense strategy and punch holes in the prosecution’s evidence.
Call or message our firm for a free consultation and find out why so many clients trust us and why industry-leading organizations rate us among the top criminal drug defense lawyers in Texas.
Just because you were charged does not mean you’re guilty. When you hire a drug attorney from Diaz Law Firm you can expect to be treated with dignity, respect and compassion. We know that circumstances and being in the wrong place at the wrong time can put people in precarious situations.
Our team is ready to put into action any number of legal defense tactics tailored to your unique case. Leverage our investigative prowess to uncover the truth, discredit unfavorable evidence, and discover evidence in support of your innocence.
We hold the government accountable to meeting their burden of proof and proving beyond a reasonable doubt any contentions they make in court.
Potential Avenues to Explore Include:
- Claiming unlawful search and seizures
- Identifying faulty crime lab analysis
- Bringing to light lost or tampered with evidence
- Contending that the drugs were planted
- Discrediting weak eye-witness testimony
- Debasing prosecutorial evidence
- Arguing entrapment
- Proving the drugs belonged to someone else
- Demonstrating the drugs were meant only for personal consumption or that they were not for human consumption at all
- Uncovering police or prosecutor misconduct or failure to follow proper protocols
- And more…
The Police and Federal Agents are NOT on Your Side: Call a Drug Crime Defense Attorney Before Speaking to Anyone
If you have concerns that you are under investigation, may be arrested or have already been charged with a drug offense in Texas, do not talk to anyone or answer any questions presented by law enforcement or other governmental agencies.
If they have reason to believe you committed a crime, it is job is to prove you’re guilty, even if you’re not. Call our law firm immediately for a free, no-obligation initial consultation and get the representation you deserve.
Our team of top-rated lawyers is standing by and eager to help. Put the right drug crime attorney to work for you today!